2004 PLP 796 (SCMR)

‑‑‑‑S. 302/34‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Appeal against acquittal‑‑‑Allegation against the acquitted accused was that he was also present at the time of occurrence but there was nothing on the record to prove that he had done anything to cause death of the deceased except that he made uncorroborated extra‑judicial confessional statement regarding the occurrence‑‑‑' Trial Court in circumstances, following the principles of the safe administration of justice, had rightly acquitted the accused, which had been upheld by the High Court‑‑‑No case having been made out against the judgment, of the High Court, Supreme Court declined to interfere. M. Anwar Bhaur, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 23rd May, 2002. IFTIKHAR MUHAMMAD CHAUDHRY, J.‑‑‑This petition for leave to appeal has been filed against the judgment dated 10th October, 2001 passed by Lahore High Court, Bahawalpur Bench, Bahawalpur whereby criminal appeal filed by petitioner has been dismissed.

2. Precisely stating the facts of the case are that Muhammad Younis accused lodged a report with the Police Station Saddar, Chishtian on 27th January, 1995 at about 7‑55 a.m. to the effect that on the night of incident at about 3‑00 a.m. one person called him to open the door of his room whereupon he asked his wife Mst. Razia to open the door. When she opened the door of room 3 persons entered into the room and out of them one person was armed with a carbine. Two of them caught hold of Muhammad Younis accused and started beating him with kicks and fists and _the third person caught hold of his wife. They tied Muhammad Younis with the cot. The person armed with carbine fired at his wife which hit near her left ear. She fell down at the spot and the culprits ran away. Her wife had died at the spot due to fire‑arm injuries. He suspected Mst. Rasoolan Bibi wife of Muhammad Ramzan and other relatives for the murder of his wife, because they were not happy on their marriage. He left his father and brother Abdur Razzaq accused with the dead body and went to the police station for report.

3. It is important to note that later on during investigation the report lodged by Muhammad Younas was found false and the accused were found the real culprits who were responsible for the commission of the murder of Mst. Razia Bibi deceased. They had given a story trying to show the incident to be a case of decoity and that obviously was done to save Abdul Razzaq, the man accused in the case.

4. Muhammad Younas respondent and his brother Abdul Razzaq were tried in the Court of Sessions Judge, Bahawalnagar in case F.I.R. No. 15 dated 27th January, 1995 under section 302/34, P.P.C. registered at Police Station Saddar, Chishtian, District Bahawalnagar. According to allegations contained in the F.I.R. Abdul Razzaq fired at Mst. Razia Bibi wife of Muhammad Younas. The trial Court believed the prosecution case against Abdul Razzaq only and convicted him under section 302, P.P.C. and awarded‑him imprisonment for life as Ta'zir and a fine of Rs.50,000 by judgment dated 10th March, 1997. As far as Muhammad Younas co‑accused is concerned, he is acquitted of the charge.

5. Petitioner who is father of deceased Mst. Razia Bibi appealed before Lahore High Court, Bahawalpur Bench, Bahawalpur against acquittal of Muhammad Younas but without success as the same has been dismissed by a Division Bench of learned High Court by means of impugned judgment. As such instant petition has been filed.

6. Learned counsel appearing for petitioner contended that Muhammad Younas being the husband of Mst. Razia Bibi deceased was equally responsible for the commission of her death caused by convict Abdur Razzaq who fired a shot at the deceased because the murder had taken place inside the living room of the deceased and the respondent has also made extra‑judicial confession before P.W.7, therefore, there was no occasion to acquit him of the charge.

7. We have heard the learned counsel and have gone through the judgment rendered by the trial Court in pursuance whereof prosecution case against Abdur Razzaq has been believed on the basis of confessional statement which he made after the commission of the offence, which has also been corroborated from the shotgun recovered at his pointation which matched with crime empties, taken into possession from the place A of occurrence. Therefore, following the principle laid down by this Court in the cases of Muhammad Swaleh and another v. Messrs United Grain and Fodder. Agencies PLD 1964 SC 97 and Bahadur Khan v. The State PLD 1995 SC 336 Abdur Razzaq had rightly been convicted by the trial Court. As far as Muhammad Younas is concerned although allegation against him was that he was also present at the time of occurrence but there is nothing on record to prove that he had done anything to cause death to Mst. Razia Bibi except that he made uncorroborated extra‑judicial confessional statement regarding the occurrence. Therefore, under these circumstances the learned trial Court, while following the principle of the safe administration of justice, had rightly acquitted the respondent vide judgment dated 10th March, 1997, which has been upheld by the learned High Court. Thus in view of above discussion, we are of the opinion that no case is made out for interference by this Court in exercise of jurisdiction under Article 185(3) of the Constitution of Islamic Republic of Pakistan. As such petition is dismissed and leave declined. M.B.A./N‑83/S Leave refused.