JAMSHED ALIAS KALU Versus STATE

ORDER

MIAN BURHANUDDIN KHAN, J - Accused/petitioner Jamshed alias Kalu, alongwith Noor Ahmad alias Pappu and Mushtaq Ahmad stood trial before the Court of Sessions, Gujranwala for committing the murder of Khalid Javed deceased and murderous assault on Muhammad Ayub P.W. They were convicted under section 302 read with section 34, P.P.C. and sentenced to imprisonment for life and fine of Rs.7,000 each for committing the murder of Khalid deceased; and were further convicted under section 307, read with section 34, P.P.C. for attempting on the life of Ayub P.W. On appeal before the High Court, Noor Ahmad's conviction under section 302, P.P.C. was set aside and his conviction under section 307 was altered to one under section 324, P.P.C. and his sentence of imprisonment was reduced to one already undergone by him; Jamshed's conviction under section 307, P.P.C. was set aside, while his conviction and sentence under section 302, P.P. C. was maintained and fine was enhanced from Rs.7,000 to Rs.20,000.

2. On 25-9-1979 at 9 A.M. Muhammad Ayub P.W., Abdul Qayum, Jamil Anwar and Khalid Javed had gone to the Polling Station for casting their votes. Jamil Anwar, complainant, entered the Booth to cast his vote when Noor Ahmad, who was the Polling Agent of a candidate, abused him. On the intervention of Sikandar Hayat and Muhammad Siddiq they were separated. Noor Ahmad, however, threatened Jamil Anwar that he would deal with him at the proper time. After casting his vote Jamil Anwar started for his home and Muhammad Ayub and Khalid Javed were with him. When they reached near the house of Noor Muhammad in Street No.8 they saw Mushtaq Ahmad Khan standing there, who raised lalkara on seeing the complainant party on which Noor Ahmad and Jamshed alias Katu, armed with daggers, came out and Noor Ahmad opened the attack inflicting dagger blows on the left flank and left arm of Muhammad Ayub P.W.; while the accused/ petitioner Jamshed caused injuries with dagger on the back and left thigh of Khalid Javed. The occurrence was also witnessed by Mahmood Ahmad and Muhammad Rafiq, who were following the parties.

3. The injured were taken to the hospital where Dr. Harbans Lal Medical Officer, Civil Hospital, Gujranwala examined Khalid Javed. He noticed two incised wounds 4 c. m. x 1 c. m. going deep on left buttock lower part situated obliquely and 7 c.m. x 2 c.m. going deep on outer side of left thigh upper part situated obliquely. Both the injuries were kept under observation. Later on, the injured was operated upon by another Surgeon. The doctor declared the first injury as grievous.

Muhammad Ayub P.W. was also examined who had two incised wounds 2 c. m . x c. m. skin deep on front of left forearm and another 3 c. m. x 1 c. m. going deep on the left side of chest 14 c.m. below the left nipple. He was in serious condition and X-ray wag advised.

Khalid Javed died in Mayo Hospital, Lahore. On 27-9-1979 his post-mortem examination was conducted by Dr. Sabir Ali who found the wounds in stitched condition. He observed that internally the injuries had punctured the urinary bladder and pelvic colon and the small intestines at two places. According to him injury No.2 was sufficient to cause death in the ordinary course of nature.

4. Leave is sought on the ground that the occurrence took place in front of the house of Noor Ahmad accused who had also sustained injuries coinciding with the time of occurrence; that there was no reason for the deceased and the P.W. to pass in front of the house of the accused; that the version given by Noor Ahmad that he alone had inflicted the injuries to the deceased and Ayub P.W. should not have been discarded by the learned Sessions Judge and the learned High Court Judge; that the occurrence was a sudden flare up and there was no animus with the accused/ petitioner to attack the deceased and his brother Muhammad Ayub P.W.9 because exchange of abuses was between Jamil Anwar and Noor Ahmad accused; that the nature of the fatal injury was such which could only be caused from below which means that this injury was caused to the deceased when the assailant had been over powered and was apprehending danger to his life.

5. We have gone through the evidence and the judgments of the Court and the learned High Court, and find that the learned trial arguments advanced by the learned counsel for the petitioner have no substance. Injuries on Noor Ahmad accused;

(1) abrasion 1 c.m. x c.m. On the middle of forearm,

(2) abrasion c.m. x c.m. on bridge of nose and crust was present over it.

(3) abrasion 2 c. m. x 1 c. m on the left maxillary region of head and crust was present on it. are of very minor nature and the same could be result of fists and kicks, could be caused by the victim, when attacked by the assailant with dagger. Statement of Noor Ahmad that apprehending danger to his life, he had caused the injuries to the deceased, does not find support from the other evidence on the record. We, therefore, refuse to grant leave. Petition dismissed.

Petition dismissed.

M .I /J-141 S