REHMAT KHAN and another vs The STATE and others

ORDER

MANZOOR AHMAD MALIK, J.---Petitioners seek leave to appeal against the judgment dated 23.09.2014 passed by the learned Division Bench of the Lahore High Court (Lahore) whereby Criminal Appeal No. 299-J of 2011 filed by the Rehmat Khan (Petitioner in Jail Petition No. 364 of 2014) was dismissed, however, his sentence of death under section 302(b), P.P.C., for the murder of Sher Ghulam Khan (deceased) awarded by the learned trial court, was converted into life imprisonment. The amount of compensation to the tune of Rs.50,000/- (rupees fifty thousand only) payable under section 544-A, Code of Criminal Procedure to the legal heirs of Sher Ghulam Khan (deceased) or simple imprisonment for six- months in default thereof was upheld and maintained.

The convict petitioner was extended the benefit of section 382-B, Code of Criminal Procedure.

Murder Reference sent by the learned trial Court was answered in the negative and the-sentence of death awarded to Rehmat Khan convict was not confirmed.

2. Precisely, facts of the case are that Rehmat Khan (petitioner) was indicted in a case registered under sections 302 and 109, P.P.C. at Police Station Saddar, District Bhakkar regarding murder of Sher Ghulam Khan (deceased). After trial, he was convicted under section 302(b), P.P.C. and sentenced to death for the murder of Sher Ghulam Khan (deceased). He was also ordered to pay Rs.50,000/- (rupees fifty thousand only) as compensation to the legal heirs of the deceased or in default thereof undergo simple imprisonment for further six months. The criminal appeal filed by the convict petitioner was heard along with murder reference sent by the learned trial court and was dismissed with the conversion of death sentence to life imprisonment. Aggrieved thereof, Rehmat Khan petitioner has preferred Jail Petition No. 364 of 2014 assailing his conviction and sentence whereas Said Ghulam Khan complainant has filed Criminal Petition No. 1035-L of 2014 against the conversion of death sentence of Rehmat Khan convict to life imprisonment.

3. None is present on behalf of the convict petitioner: However, in the interest of justice, we have heard the learned counsel for the complainant (petitioner in Crl. P. No. 1035-L of 2014) as well as the learned Additional 'Prosecutor General Punjab for the State and have also perused the available record.

4. Rehmat Khan, petitioner has been saddled with the role of firing fatal shot at the head of Sher Ghulam Khan (deceased). Ocular account was furnished by Said Ghulam Khan complainant (PW.9) and Khialzada (PW.10). Both these witnesses remained steadfast and consistent on all material aspects of the case during the course of cross-examination despite a lapse of almost thirteen years after the occurrence. The prosecution case is fully supported by the medical evidence furnished by Dr. Muhammad Ramzan (PW.5), who conducted post-mortem examination on the dead body of Sher Ghulam Khan (deceased). Considering the attending circumstances of the prosecution case and while discarding the plea of alibi taken by Rehmat Khan petitioner, he was rightly convicted by the learned trial court under section 302(b), P.P.C. In appeal, the learned Division Bench of the Lahore High Court after taking into consideration the mitigating circumstances of the case i.e. single fire shot attributed to the petitioner and the alleged recovery of pistol being inconsequential rightly converted his death sentence to life imprisonment. Upon, our own independent assessm ent of the evidence available on record, we have not been able to draw a conclusion different from the one taken by the learned Division Bench of the Lahore High Court therefore, both these petitions are without any merit, which are dismissed and leave to appeal is refused in both the cases.