2003 PLP 1074 (SCMR)

MIAN MUHAMMAD AJMAL, J.

This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore, dated 3-7-2001, whereby Criminal Appeals Nos.643 to 645 of 1994 filed by the convicts, Criminal Revisions Nos. 128 and 134 of 1995 filed by the complainant and Murder Reference No.189 of 1995 sent by the Trial Court, were disposed of as under:-- "

25. Prosecution thereof, has successfully proved its case against Ali Ahmad, Muhammad Azam, Ilyas and Jaffar Hussain beyond any shadow of doubt. Ali Ahmad is responsible for causing death of Iftikhar in a brutal and callous manner. His appeal is dismissed and conviction and sentence recorded by the Trial Judge is maintained. Sentence of death imposed on Ali Ahmad by the Trial Judge is confirmed. Murder Reference is answered in the affirmative. Jaffar Hussain was not found to have caused an injury to Nawaz. However, the injuries with a knife on the shoulder of Iftikhar deceased have been proved but since they are not the cause of death he stands liable for sharing the intention of Ali Ahmad in causing the death of deceased. His conviction is maintained but sentence of death is reduced td life imprisonment without extending him benefit of section 382-B, Cr.P.C. as recently held by the apex Court in the case of Ehsan UlIah and others v. Muhammad Arif and others, reported in 2001 SCMR

416. Appeal of Jaffar Hussain is also dismissed. Murder Reference to his extent is answered in the negative. Appeals of Muhammad Azam and Ilyas are also dismissed maintaining their convictions and sentences recorded by the Trial Judge vide his judgment, dated 2-11-1994. Sentences of all the appellants, punished to imprisonment shall run concurrently. Benefit of section 382-B, Cr.P.C. shall not be extended to Ilyas, however; Muhammad Azam shall be entitled to it.

27. Criminal Revisions Nos. 128 and 134 of 1995 are dismissed for non-prosecution as well as no case for interference is made out. "

2. Resume of the case is that Ali Ahmad and Jaffar Hussain, the petitioners alongwith 24 others were tried by an Additional Sessions Judge, Sheikhupura for the murders of Muhammad Nawaz, Ijaz Ahmad and Iftikhar Ahmad for causing injuries to Sajawar Hussain P.W. They were accordingly charged under sections 302/307/109/201/148/149, P.P.C., to which they pleaded not guilty and claimed trial. The prosecution in order to prove its case produced 20 witnesses. The accused in their statements under section 342, Cr.P.C. denied the allegations levelled against them. Maulvi Rashid, one of accused, in his defence, also produced Mirza Shamas-ul-Hasan, S. S. P. as D. W. I, who recorded innocence of some of the accused in the investigation conducted by him. On conclusion of the trial, the learned Trial Judge convicted Ali Ahmad, Jaffar Hussain, toe petitioners, and their co-accused Muhammad Ashiq, Muhammad Azam and Ilyas under sections 302/307/149, P.P.C. vide his judgment, dated 2-11-1994. The learned Trial Judge observed that as Jaffar petitioner was attributed repeated injuries on the person of Nawaz and Iftikhar deceased while Ali Ahmad petitioner chopped the head of Iftikhar, so keeping in view the gravity of the offence, sentenced them to death on three counts. Accused Ashiq, Ilyas and Azam were assigned the role of killing Ijaz Ahmad deceased by causing fire-arm injuries to him but there was nothing on record that they had direct motive with the complainant party, therefore, under section 302, P.P.C., they were sentenced to life imprisonment with fine of Rs.20,000 each or in default to undergo two years' R.I. each. Under sections 307/149, P.P.C. all the five accused were sentenced to three years' R.I. plus fine of Rs.2,000 each or in default thereof to undergo six months' R.I. The remaining 21 accused were acquitted by giving them the benefit of doubt. The convicts Ali Ahmad and Muhammad Azam challanged their conviction and sentence before the Lahore High Court, Lahore through Criminal Appeal No.643 of 1994, Jaffar Hussain filed Criminal Appeal No.644 of 1994 whereas Ilyas filed Criminal Appeal No.645.of 1994. The complainant filed Criminal Revision No. 128 of 1995 for enhancement of sentences awarded to the convicts. He also filed Criminal Revision No. 134 of 1995 against acquittal of the co-accused of the petitioners. The trial Court sent Murder Reference No. 189 of 1995 for confirmation of the death sentences awarded to the petitioners. A learned Division Bench of the High Court vide its judgment, impugned herein, disposed of all the above matters as stated in para. 1 above.

3. We have heard the learned counsel for the petitioners and have gone through the record of the case. The prosecution produced Ishtiaq Ahmad complainant P.W.13 and Khalid Hussain P.W.14 as eye?witnesses who have supported the prosecution version in its entirety and no dent could be made in their deposition in the cross-examination: The prosecution proved its case wherein the accused persons after killing Muhammad Nawaz and Ijaz Ahmad went towards the well of Ghulam Rasul where Ghulam Rasul alongwith his sons was busy in cutting fodder. They were encircled by the accused persons where Iftikhar Ahmad was fired at by Jaffar Hussain with Kalashnikov and his head was chopped off from his body by Ali Ahmad and thereafter the accused dragged his dead body to the canal and threw his head and body into it. The accused had committed the crime in a very brutal and barbaric manner. The Trial Court on proper assessment of the evidence convicted Ali Ahmad, Jaffar Hussain, the petitioners which was affirmed in appeal by the learned High Court with some modification of sentence of Jaffar Hussain. We do not find any misreading or non-reading of evidence, hence, we concur with the impugned judgment. Finding no merit in this petition it is dismissed and leave refused. The fine imposed upon the petitioners by the trial Court is altered into compensation under section 544-A, Cr.P.C. which shall be paid to the legal heirs of the deceased. N.H.Q./A-387/S ???????????????????????????????????????????????????????????????????????????????????????????? Leave refused.