SALAMAT ALI Versus STATE

ORDER

ASLAM RIAZ HUSSAIN, J .‑‑ Petitioner seeks leave to appeal against the order of the Lahore High Court dated 25‑4‑1984 dismissing his appeal in a case under section 302, P. P. C.

2. Salamat Ali petitioner was tried for the murder of Jalal Din and making murderous assault and causing injuries to Muhammad Habib (P.W.13). Under section 302, P.P.C. he was sentenced to imprisonment for life and a fine of Rs.6,000 (2 years' R.I. in default of payment of fine), and under section 307, P.P.C. was sentenced to 3 years' R.I. and a fine of Rs.1,000 (one year R.I. in case of default).

3. The facts of the prosecution case briefly are that when the deceased was going to join his son who was ploughing the land when the deceased reached Killa No.17 he was surprised by the petitioner and given a hatchet blow from behind over his head which resulted in the death of the deceased Jalal Din. The complainant, Muhammad Habib chased the petitioner and overtook him in a different land where he was given hatchet blow by the petitioner. However, Muhammad Habib P.W. succeeded in snatching away the hatchet from the petitioner and gave injuries to him with it. The petitioner is stated to have fallen down. When the complainant reached the deceased found him dead. Therefore, he proceeded to the Police Station for lodging the report.

4. The motive as alleged by the prosecution is stated to be that the petitioner included a road in his own land which was objected to by the complainant party as a result of which there was exchange of abuses between the parties. As a result of this incident the petitioner is alleged to have caused the death of the deceased and injured Muhammad Habib (P.W.10).

5. In support of its case the prosecution produced two eye‑witnesses namely Muhammad Habib P.W.10 (the injured witness) and Muhammad Sharif P . W.11 (nephew of the deceased). It also relied on the evidence of motive and the medical evidence.

6. At the trial the petitioner admitted the murder but gave a different version in his statement under section 342, Cr.P.C. which reads as follows:‑--

"On the morning of occurrence at early time the complainant party left their cattle to graze in my Charri crop which were turned out by me, whereupon I also gave abuses to the complainant party. After some time I was bowing my cotton crop in Killa No.17 with a Baholi when the deceased and Habib P.W. attacked me. The deceased was holding a stick with him and Habib P.W. was having hatchet with him at that time. The deceased inflicted a Dang blow on my head and Habib P.W. also gave me hatchet blow whereupon I turned back and gave one blow each both father and son with Bholi, whereupon the father fell down and Habib P.W. gave me many hatchet blows, whereupon I also fell down. I was carried by my relatives to Muridwala Dispensary at 8 a.m., where I was given first aid. This false case has been planted against me with the collusion of the police. I produced copy of record of rights pertaining to year 1978 and 1979 which is Exh.D.B."

In support of its plea the defence relied on the fact that the petitioner himself sustained 13 injuries during the incident which may be reproduced here for facility of reference:‑

(1) A lacerated wound 2"x " x bone deep interior posterily on the right side middle and posterior part of scalp.

(2) An incised wound 2 " x 1/4" x muscle deep on the right shoulder alongwith vertical axis.

(3) An incised wound 2" x 1/4" skin deep horizontally upper and lateral part of right scapula.

(4) An incised wound 1/5" x 5" muscle deep horizontally in the middle of upper part right scapula.

(5) An abrasion 3" x " in the middle and medical side of left scapula horizontally.

(6) An abrasion 5" x 1/4" horizontally in between the scapula.

(7) An abrasion 3" x 1/4" horizontally oblique lower part of right scapula.

(8) An incised wound 1" x 1/4" x half inch skin deep ulner border palm of right hand.

(9) An incised wound 2" x 1/4" x skin deep upper part right forearm.

(10) An incised wound 2 "x 1/4" x skin deep horizontally left side of neck.

(11) An incised wound l " x 1/2" muscle deep lateral part left buttock.

(12) An abrasion 1 " x 1/4" left knee.

(13) Two incised wounds 1 " x muscle deep in average local side of left upper arm.

The deceased was found to have received only one injury on the head and Muhammad Habib P.W.10 was found to suffer two injuries during the incident. These are described as follows: ‑--

Jalal Din, deceased.

An incised wound 15 c. m. x 2 c. m. and x bone cut on the mid line on the back of occipital region starting just below the top of head and was going downward. The bone was cut under the injury and a blood clod was present over the brain under the injury.

Muhammad Habib P.W.10.

(1) An incised wound 6 " x " muscle deep horizontal along the lower surface of left mandible.

(2) A contusion 2" x " left scapula vertically in the middle.

7. The trial Court believed the prosecution evidence and convicted and sentenced the petitioner as stated above. His appeal before the High Court was dismissed vide the impugned judgment dated 25‑4‑1984. Hence the present petition for leave to appeal.

8. Learned counsel for the petitioner submitted before us that keeping in view the motive and the numerous injuries on the person of the accused /petitioner coupled with the fact that these were not explained by the prosecution, go to show that there is reasonable possibility that the version put forward by the accused‑petitioner may possibly be correct and that the High Court has not considered this question properly and that the reasoning of the High Court in rejecting the defence plea outright are not satisfactory.

9. We have gone through the relevant portions of the impugned judgment dealing with the defence version in paragraph 9 (at pages 9 and 10 of the judgment) and feel that there is some force in the aforementioned contention. We feel that this is a fit case for grant of leave to consider the question whether the High Court has followed the well‑established principles of appreciation of evidence in criminal cases. Leave is, therefore, granted for that purpose.

M.I./S‑18/S Leave granted.