AZHAR NAWAZ and another vs The STATE

1. MANZOOR AHMAD MALIK, J.---These appeals, with leave of the court, impugn judgment dated.

2. 04.11.2008 passed by a learned Division Bench of the Lahore High Court, Bahawalpur Bench whereby Criminal Appeal No. 354 of 2003, filed by Azhar Nawaz and Criminal Appeal No. 331-J of 2003, filed by Muhammad Sajjad were dismissed.

3. 2.Precisely, facts of the case are that appellants were tried in case FIR No. 175 of 2002 registered under sections 302/324/460/337-D/ 337-F(ii), 337-F(iv), P.P.C. on 09.11.2002 at Police Station Marot District Bahawalnagar for the murder of Bashir Ahmed and causing injuries to Mst. Shahnaz Bibi and Mst. Shazia Parveen. After trial, Azhar Nawaz appellant was convicted under section 302(b)/34, P.P.C. and sentenced to imprisonment for life. He was also ordered to pay compensation of Rs.

4. 50,000/- (rupees fifty thousand only) to the legal heirs of Bashir Ahmad (deceased) under section 544-A, Cr.P.C. or in default whereof to further undergo six months' R.I. He was also convicted under section 460, P.P.C. and sentenced to undergo twelve years' R.I. He was also convicted under section 324/34, P.P.C. and sentenced to eight years' R.I. along with fine of Rs. 30,000/- to be paid to Mst.

5. Shahnaz Bibi and Mst. Shazia Parveen, injured women or in default whereof to further undergo six months' R.I. Muhammad Sajjad appellant was convicted under section 302(b)/34, P.P.C. and sentenced to death with Rs.50,000/- as compensation to be paid to the legal heirs of deceased under section 544-A, Cr.P.C. or in default whereof to further undergo six months' R.I. He was also convicted under section 460, P.P.C. and sentenced to twelve years' R.I. He was further convicted under section,324, P.P.C. and sentenced to eight years' R.I. with fine of Rs.30,000/- to be paid to Mst.

6. Shahnaz Bibi and Mst. Shazia Parveen,njured women or in default whereof to further undergo six months' R.I. Aggrieved thereof, appellants filed Criminal Appeals before the High Court which were dismissed vide impugned judgment. Hence these appeals with leave of the court.

7. 3.We have heard learned counsel for the appellants in both the appeals, learned Additional Prosecutor General for the State and perused the available record with their able assistance. Syed Zahid Hussain Bukhari, learned ASC after arguing the appeal on merits by tooth and nail made an alternate prayer at the end of his arguments that if this Court is not persuaded to acquit the appellants then it is not a case of capital punishment to the extent of Muhammad Sajjad (appellant) as the learned courts below did not record any separate reason as to why on the same role Muhammad Sajjad (appellant) was sentenced to death.

8. 4.The occurrence which took place in the odd hours of night, was reported to the Police just one hour after its happening despite of the fact that distance between the Police Station and the place of occurrence was seven kilometers. Ocular account was furnished by three witnesses which included Mst. Shehnaz Bibi (PW.7) and Shazia Bibi (PW.8) having the stamp of injuries on their persons. Medical evidence is in line with the ocular account. Prosecution case against both the appellants is further corroborated by the recovery of blood stained knives at the instance of both the appellants coupled with positive reports of Chemical Examiner and Serologist. Therefore, we hold that the prosecution has been successful in proving its case against both the appellants beyond any shadow of doubt and there is no merit in these appeals. Criminal Appeal No.85-L of 2009 filed by Azhar Nawaz (appellant) is accordingly dismissed in toto. However, considering the role attributed to Muhammad Sajjad (appellant) which is exactly at par with Azhar Nawaz (appellant), the sentence of death under section 302(b), P.P.C. awarded to Muhammad Sajjad (appellant) by the learned trial court and maintained by the learned appellate court appears to be harsh. Therefore, in order to maintain consistency, the sentence of death under section 302(b), P.P.C. awarded to Muhammad Sajjad (appellant) is altered to imprisonment for life. Rest of sentences awarded to the said appellant are maintained. Benefit of section 382-B, Code of Criminal Procedure is extended to Muhammad Sajjad (appellant) and all the sentences awarded to the said appellant shall run concurrently. Criminal Appeal No. 86-L of 2009 is partly allowed in above terms.

9. Order accordingly.