AZIZUR REHMAN Versus STATE

ORDER

1. JAVID IQBAL, J .-- This petition for leave has been filed by Azizur Rehman petitioner who was convicted under section 302, PPC and sentenced to imprisonment for life plus fine by the trial Court. On appeal the conviction and sentence were maintained and the appeal of the petitioner was dismissed.

2. The name of the deceased in this case is Farzand Ali who is father of the petitioner. The occurrence took place in the house of the deceased at 2 p.m. on 8th May, 1978 within the area of Police Station Rajana, District Faisalabad. The FIR was based on the statement of Farzand Ali deceased himself while he was still alive at 12-05 a.m. on 9th May, 1978 which was recorded at the hospital. The petitioner was arrested on 30th June 1978 and at his instance was recovered human blood-stained knife. The eye-witness produced in this case is Mohammad Ibrahim. The statement of the deceased was treated as dying declaration. The motive for the commission of crime was that the deceased had divorced the mother of the petitioner. Thereafter, the petitioner was living in a separate Ihata with his mother and sister. The deceased, his father had told the petitioner not to visit his house as he was a bad character. On the fateful day he came to the house of his father (Farzand Ali deceased) and insisted on him to turn out Mohammad Shafi who lived with the deceased. But the deceased refused to do so and at this the petitioner is said to have attacked his father with a knife and killed him.

3. Learned counsel for the petitioner attempted to argue that the petitioner has been falsely implicated and that the eye-witness should have not been relied upon, and furthermore the recovery was effected after a long time and it had no corroborative value. But the perusal of the record indicates that the conviction and the sentence awarded to the petitioner are based on the dying statement of the father coupled with the ocular testimony corroborated by the recovery evidence and further supported by the motive and medical evidence. In our view no case is made out for the grant of leave in this case.

4. The petition is therefore dismissed.

5. M.I./A-119/S Petition dismissed.