ARSHAD MEHMOOD vs THE STATE

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal is directed against the judgment, dated 10-4-2002 passed by the Lahore High Court, Lahore.

2. Precisely stating the facts of the case are that the petitioner faced trial for committing the murder of his wife Mst. Safia Begum in pursuance of a case registered vide F.I.R. Exh.P.A./1 dated 15- 11-1998 registered at Police Station District Gujrat. Learned trial Court after having gone through the evidence adduced by the prosecution, vide judgment, dated 15-3-2000, convicted/sentenced the petitioner under section 308 read with 306(c), P.P.C. To 14 years' R.I. With direction to pay amount of Diyat i,e, Rs,2,52,000 to the legal heirs of the deceased and compensation under section 544-A, Cr.P.C. To the tune of Rs,30,000 which was also to be paid to the legal heirs of the deceased or in default whereof to undergo six months' S.I. Benefit of section 382-B, Cr.P.C. Was extended to him. On appeal, learned High Court maintained the conviction and sentence awarded to him by the trial Court. However, the judgment was set aside to the extent of amount of fine being not in accordance with law. As such instant petition has been filed.

3. Learned counsel for the petitioner contended that the prosecution has produced only Mst.

Zainab Bibi P. W.1 being complainant mother of the deceased Mst. Safia Bibi, therefore, her statement is not sufficient to convict the petitioner.

4. We have heard the learned counsel for the petitioner and perused the evidence produced by the complainant. It may be noted that dead body of deceased was recovered from the house of the petitioner where Mst. Safia was living with him as his wife. Therefore, it is not possible to disbelieve the story of the prosecution. Besides it medical evidence, fully corroborates to the statement of Mst.

Zainab Bibi mother of deceased Mst. Safia Bibi and on her sole statement, conviction can be based in view of judgment of Allah Bakhsh v. Shammi PLD 1980 SC 225. Wherein rule has been laid down that it is the quality of evidence not quantity which is required to prove against accused. Seemingly evidence of P.W. Mst. Zainab Bibi undoubtedly fulfils the test laid down in this judgment.

5. Learned counsel for the petitioner stated that the petitioner is a poor person and cannot make the payment amount of Diyat in lump sum, therefore, he be ordered to release on bail so he may arrange for payment of Diyat amount in installments.

6. In view of such plea of accused, we accept his request and direct that he be released on bail subject to furnishing surety bonds equal to the amount of Diyat which will be paid in equal 36 installments to the satisfaction of the trial Court, after having served out the remaining period of the sentence. Thus, for the foregoing reasons, the order of the Lahore High Court being unexceptionable admits no interference by this Court, therefore, petition is dismissed with the above observation.