1987 PLP 267 (SCMR)

Nemo for the State. Date of hearing: 23rd December, 1986. JAVID IQBAL, J. ‑‑This petition for leave to appeal is directed against the judgment of a Division Bench of the Lahore High Court Lahore, dated 5th May, 1985 whereby the conviction of the petitioner under section 302, P.P.C. for the murder of Bhola infant and the sentence of death plus fine awarded there under were upheld and maintained. The background is that the petitioner was tried for the tripple murder of Muhammad Bakhsh, his wife Mst. Jewo and their infant child Bhola under section 302, P.P. C. and the trial Court vide its judgment, dated 9th November, 1981 convicting him under section 302, P.P.C. on three counts sentenced him to death on three counts plus fine of Rs.2,000 on each count or in default to undergo six months' R.I. In appeal the learned Division Bench of the Lahore High Court Lahore vide its judgment, dated 5th May, 1985 maintained his conviction under section 302, P . P. C . , altering his sentence of death on two counts to life imprisonment but confirming the death sentence on one count i.e. for the murder of Bhola infant.. The occurrence took place on 21st May, 1980 at about 11 p.m. in Mouza Sikandar Abad, Tehsil Shujah Abad, District Multan. First Information Report was lodged by Haji Ilahi Bakhsh P . W .6 brother of Muhammad Bakhsh deceased at 2 a.m. on 22nd March, 1980. The petitioner was arrested on 22nd March, 1980 and was recovered at his instance on the same day human blood‑stained Gandasa. The eye‑witnesses of the occurrence are Ilahi Bakhsh P.W.6 brother of Muhammad Bakhsh deceased and Ghulam Hussain P.W.7 brother‑in‑law of Muhammad Bakhsh deceased. According to the medical evidence, on Mst. Jewo deceased there were 13 incised injuries, on Muhammad Bakhsh deceased 8 incised injuries and on Bhola infant 7 incised injuries which indicated that the petitioner had murdered the three victims in a most cruel manner. The motive for crime is that about 32 years ago Muhammad Bakhsh deceased had abducted Mst. Jewo deceased who was real sister of the petitioner. He took her to Lahore where they got married and stayed there for all these years. On the day of occurrence they had come to visit the petitioner and were staying with him. It is stated that the petitioner killed the two of them alongwith the child in order to avenge the insult. The occurrence took place in the following manner. The two eye‑witnesses with a torch went to the house of the petitioner in order to meet Muhammad Bakhsh deceased. When they entered the house they saw in the light of the torch that Muhammad Bakhsh deceased was asleep on one cot while Mst. Jewo with Bhola infant was asleep on the other cot. They also saw the petitioner standing between the two cots with a Gandasa in his hand and he was giving Gandasa blows on the head of Muhammad Bakhsh deceased; when Mst. Jewo deceased got up and tried to stop him thereupon the petitioner started giving Gandasa blows on her head and as a result she fell down on the cot. Thereafter the petitioner started giving Gandasa blows on the head of Bhola infant and then when all the three had been silenced he gave repeated blows to all of them with his Gandasa until all the three were dead. He threatened the eye‑witnesses that if they moved or raised alarm they too would meet the same fate. Thereafter, he ran away calling over the wall. Learned counsel for the petitioner does not press the petition on merits in this case but only seeks reduction of sentence from death to imprisonment for life as the petitioner was highly provocated and Bhola infant was accidentally killed at his hands as he happened to be lying on the breast of Mst. Jewo deceased. We note that this is what the petitioner had stated before the trial Court but his version is being belied by eye‑witnesses as well as the medical evidence. The learned Division Bench of the Lahore High Court Lahore altered the sentence from death to imprisonment for life on two counts but there was no extenuating circumstance justifying the merciless killing of 2? years old child namely Bhola. In our opinion the learned Division Bench of the Lahore High Court Lahore has rightly and correctly appraised the evidence in the instant case and no interference is called for. This petition is accordingly dismissed. M.I.???????????????????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.