2011 PLP 145 (SCMR)

MIAN SHAKIRULLAH JAN, J.

The petitioner, having been charged for triple murder was convicted and sentenced to death by the trial Court which sentence was maintained by the High Court, has now come to this Court for the grant of leave against the aforesaid judgment.

2. The brief facts of the case, as enumerated in para-2 of the impugned judgment of the High Court, are as follows:-- "

2. Briefly, stated the facts of the case as per F.I.R. (Exh.PD/1) recorded by the complainant Ghulam Sarani (P.W.6) are that he is the resident of Muaza Machhana and labourer by profession. 10/11 years ago his niece Kausar Bibi was married Ghulam Haider and his other niece Sakina Bibi was married Muhammad Akram and they lived in 32/EB. Due to some dispute Sakina Bibi and Kausar Bibi called complainant, their father Abdul Aziz, Ghulam Rasool and Ilyas in Chak No.32/EB. In order to settle the dispute a Punchayat was convened but the same could not be settled and the complainant and others were threatened of dire consequences. The complainant and others set out for Machhana at 5-00 a.m. along with Kausar and Sakina. The complainant, Ghulam Rasool and Ilyas were a few steps behind. Abdul Aziz, Kausar and Sakina when reached in front of the house of Nazeer Ahmed, Muhammad Akram armed with Chhurri came behind while raising lalkaras. He infliced six/seven Chhuri blows to Abdul Aziz on his belly, chest, left wrist and left upper arm. On hue and cry raised by Mst. Kausar and Sakina the complainant and others reached nearer and in the light they saw that Muhammad Akram caused 3/4 chhurri blows to Kausar hitting right side of her belly and right side of her chest and he also caused chuurri blow on the left side of Sakina. Since the complainant and others were empty-handed, they could not go nearer due to fear and Muhammad Akram while raising Lalkaras fled away. All the three injured succumbed to the injuries. The occurrence was committed at the abetment of Ghulam Haider."

3. The report was lodged by Ghulam Sarani, brother of Abdul Aziz deceased, about the murder of his brother and his (the latter's) two daughters Mst. Kausar Bibi and Mst. Sakina Bibi, who both were married to Muhammad Akram and his brother Ghulam Haider respectively. The version of the complainant was supported by another eye-witness Ghulam Rasool P.W.7, cousin of the deceased. Their presence at the spot is natural as they were present in the locality in connection with the amicable settlement of differences between the two brothers on one side and their wives (the two deceased) on the other. The version given by the two eye-witnesses was corroborated by the medical evidence. The blood-stained Churri was recovered at the instance of the petitioner which was blood stained and according to the Serologist's report it was human blood. The recovery of the Churri has been witnessed by the witnesses including the Lumberdar of the Illaqa, who is an independent and impartial witness. The version given by the witnesses is consistent and without any material contradiction. There is no previous enmity between the parties except the difference between the spouses which is also the cause of the occurrence. The petitioner has acted in a brutal way by giving several Churri blows to the three deceased who succumbed to the same.

4. The learned counsel for the petitioner was unable to point out any weakness in the statements of the witnesses to create any dent in the prosecution case and even in the quantum of sentence. Nothing was advanced or argued in view of the nature of occurrence.

5. Consequently, we see no ground to interfere with the judgments of the two courts below. Resultantly, leave to appeal is declined and the petition is dismissed. N.H.Q./M-38/SC Leave refused.