MUHAMMAD SALEEM Versus STATE

ORDER

1. JAVID IQBAL, J.- -The petitioner was tried on a charge under section 302, P.P.C. for the murder of Safdar and the trial Court vide judgment dated 15 February, 1984 convicted him under section 302, P.P.C. and sentenced him to life imprisonment plus fine. On appeal a learned Single Judge of the Lahore High Court, Lahore maintained the conviction and sentence.

2. The occurrence took place at 2 p.m. on 31 March 1982 in a brick-kiln within the area of police station Kamoke. The eye-witnesses are Muhammad Ali brother of the deceased and Abdur Rauf whose father was share-holder in the brick-kiln with the deceased. According to the medical evidence the deceased had received injuries on the left side of his body indicating that he was crushed under a vehicle The motive as set up by the prosecution is that the petitioner loaded Keri (powdered coal) from the brick-kiln of the deceased without his permission on the trolley of his tractor and while he was taking the same out of the brick-kiln he was checked by the deceased who asked him to stop by standing in front of the tractor. But the petitioner did not stop and instead told him that he should get away otherwise he would kill him by running over the tractor. However, the deceased insisted that the petitioner should come down but in the meantime the petitioner ran over his tractor and crushed the deceased to death on the spot.

3. Notice was given to the State in this case to consider as to whether the medical evidence supported the prosecution version or the defence version. Learned counsel for the State is present. It was argued by the learned counsel that the ocular testimony was not being supported by the medical evidence and that it was merely an accident that the deceased had been crushed under the tractor of the petitioner. It was argued that the petitioner was taking the Keri from the brick-kiln with the permission of one Mushtaq when the deceased tried to climb up the tractor and in doing so he fell down and got crushed.

4. After hearing learned counsel for the petitioner as well as the State and careful perusal of the medical evidence we are of the view that no case is made out for the grant of leave. The petition is therefore dismissed.

5. M.I. /M-231/S Petition dismissed.