MUHAMMAD TARIQ vs The STATE
This criminal petition for special leave to appeal arises from the conviction of the petitioner, Muhammad Tariq, for the murder of two individuals, Khadim Hussain and Muhammad Hussain. The petitioner was convicted under Section 302 of the Pakistan Penal Code 1860 by the Sessions Judge, Rahimyar Khan, and sentenced to death, a conviction subsequently upheld by the Lahore High Court, though the sentence for one count was reduced to life imprisonment due to alleged provocation regarding an illicit liaison. Before the Supreme Court, the petitioner challenged the conviction on grounds that a single assailant could not have committed both murders, that the eye-witnesses were unreliable as they failed to intervene, and that the sentence should be further reduced due to provocation and an altercation. The Supreme Court rejected these contentions, finding no evidence that the eye-witnesses were positioned to intervene or that the altercation justified a reduction in sentence. The Court held that suspicion of an illicit liaison does not constitute a mitigating factor for sentencing in murder cases. Consequently, the petition was dismissed, affirming the lower court's findings.
- Does a suspicion of an illicit liaison between a deceased and the accused's sister constitute a mitigating factor for sentencing in a murder case?
- Can a conviction be challenged on the ground that eye-witnesses failed to intervene during the commission of the crime?
- Is it legally plausible for a single assailant to be convicted of multiple murders involving young victims?
- Section 302, Pakistan Penal Code 1860
ORDER
MUSHTAQ HUSSAIN, J.-Muhammad Tariq was convicted under section 302 by the learned Sessions Judge, Rahimyar Khan on 3-5-1978 for the murder of Khadim Hussain and Muhammad Hussain and was sentenced to death. On appeal the Bahawalpur Bench of the Lahore High Court upheld the conviction. A lenient view, however, was taken with regard to the murder of Muhammad Hussain on the ground that the appellant was supposed to be nourishing a doubt that Muhammad Hussain deceased had illicit liaison with his 15 years old sister Safia. The sentence on this count was, therefore, reduced from death to imprisonment for life and fine. Hence this criminal petition for special leave to appeal.
2. The occurrence is said to have taken place on 16-2-1977 at maghrib wela in the area of Pir Muhammad Arain and the F. I. R. Exh. P. A. Was recorded at Kot Manawan at 7-45 p.m. By the father of the two deceased, P. W. 8 Muhammad Sharif.
3. Learned counsel submitted before us that the two murders did not seem to have been committed by one person. The weapon used was a toka and Muhammad Tariq accused was a young man over 17 years of at the time of the occurrence. The two victims were aged 16 years and 12 years and we are not convinced that the accused could not have dealt with these helpless young boys in the manner he did.
4. It was then submitted before us that the three eye-witnesses are supposed to have seen the beginning of the occurrence but if, in fact, they had done so, they would have certainly tried to save the two victims. W are, therefore, asked to conclude that the eye-witnesses did not see the occurrence. P. W. 8 is the father of the two deceased boys. He only stated that he saw Khadim and Muhammad Hussain deceased and Tariq an then he viewed Tariq giving a blow. There is no suggestion that they were so near the place of occurrence that they could have stopped the petitioner from committing the base deed that he was bent upon performing. W are then asked to reduce the sentence keeping in view the fact that there was an altercation between the three, that there was a suspicion about the illicit relationship between the sister of Muhammad Hussain and Muhammad Tariq, and that Khadim inflicted a blow with a sickle on the head of Tariq which should cumulatively have the effect of provocation and the sentence should, therefore, be reduced, We are not impressed by these submissions. No doubt there is a mention of quarrel between them at the time of the incident but that does not mean that the altercation was started by the deceased.
As far as the illicit liaison was concerned that does not furnish any ground for reduction of the sentence either.
5. This petition has no merits and is, therefore, dismissed.