2006 PLP 1087 (SCMR)

FALAK SHER, J.

Shahid Abbas petitioner conjunctively with Intizar Ahmed, Saifullah and Akhtar Hussain were indicted by Judge, Special Court No.I, Gujranwala Division, constituted under the Anti-Terrorist Act, 1997 in the case registered vide F.I.R. No.54 of 24-1-1998 under sections 302, 324, 34, 393, P.P.C., P.S. Sadar Mandi Bahauddin at the instance of Umer Hayat, reporting the murder of his father.Alleging that on the preceding night around 8-00 p.m. accompanied by his father Salehoon and brother Iftikhar Ahmed were present at their Dera, while . Muhammad Akram, Muhammad Nawaz and Khizar Hayat were having meals in the adjoining Dera of Noor Hayat, three unknown persons identifiable by description poured in and overpowering the latter brought them into the courtyard and enquired about the whereabouts of the Salehoon and Munir. Upon being apprised that Salehoon is asleep, two of them remained stationed with them while their third accomplice waking up Salehoon brought him out. Whereafter putting the complainant and other inmates of the house in one room started firing. One of fire shot landed on his father's left shoulder and other on the left upper-arm, as a result whereof he collapsed on the ground and succumbed to the injuries. Tate complainant also suffered fire-arm injuries on his right wrist who was removed to the Civil Hospital, Mandi Bahauddin by his brother Iftikhar Ahmed and after administering first aid was relieved. (2). The trial Court vide judgment, dated 15-11-2000 recording Akhtar Hussain's acquittal convicted and sentenced the petitioner and the co-accused Intizar and Saifullah under section 393, P.P.C. to 7 years' R.I. with a fine of Rs.10,000 each or to suffer another term of one year R.I.; concurrently under section 324/34 (ibid) to 10 years' with identical amount of fine on the same terms, each defraying Rs.20,000 as Daman to Umer Hayat P.W.1 and under section 302/34, P.P.C. to death as Tazir each, availing the benefit contemplated by section 382-B, Cr.P.C. placing reliance on the ocular account furnished by Umer Hayat P.W.1, Khizar Hayat P.W.2 and the identification parade. (3). Whose findings on appeal were maintained by a learned Division Bench of the Lahore High Court, commuting the awarded sentence of death on the capital charge to imprisonment for life; additionally requiring each to pay Rs.50,000 as compensation to legal heirs of the deceased or in default to suffer 6 months' S.I. answering the murder reference in negative vide the impugned judgment, dated 4-7-2002. (4). Against which Shahid Abbas has preferred Criminal Petition for Leave to Appeal No.767-L of 2002 assailing legality of his conviction and sentence, while the State has preferred Criminal Petition No.730-L of 2002 tending to seek enhancement of the respondent's sentence on the capital charge. Both the petitions are barred by time. (5). Having considered the arguments at some length, we are of the opinion that for safe administration of justice the entire evidence warrants reappraisement. Consequently condoning the delay he sought for leave to appeal is granted in both the cases. N.H.Q./S-33/SC Leave granted.