NAZIR HUSSAIN Versus NAWAZISH ALI

ORDER

ALI HUSSAIN QAZILBASH, J.- -These are two petitions for leave against the judgment of Lahore High Court, dated 26-2-1985.

2. Nawazish Ali, Ziaul Haq, Abdul Waheed, Safdar Hussain, Faqir Muhammad, Maqbool Ahmad and Ijaz alias Bhola, residents of Chak No. 213/R.B. P.S. Peoples Colony, Faisalabad, were charged for the murder of Abdul Qayyum and murderous assault of Javid Iqbal and Muhammad Amin their co-villagers. They were tried by the learned Additional Sessions Judge, Faisalabad who, vide his judgment dated 28-11-1982, convicted Nawazish Ali, Ziaul Haq and Abdul Waheed under section 302/34 and sentenced Nawazish Ali to death with a fine of Rs.2,000 or in default, to suffer two years R.I. Ziaul Haq and Abdul Waheed were sentenced to life imprisonment each with a fine of Rs.5,000 each or in default to two years R.I. The fine on recovery was ordered to be paid to the legal heirs of the deceased as compensation. Nawazish Ali, Ziaul Haq and Abdul Waheed were also convicted under section 307/34, P.P.C. and sentenced to three years R.I. each with a fine of Rs.1,000 each or in default thereof to one year's further R.I. It was ordered that the fine on recovery be paid to Muhammad Amin and Javid Iqbal as compensation. Safdar Hussain, Faqir Muhammad, Maqbool Ahmad and Ijaz were, however, acquitted. On appeal by the convicts their conviction under section 302/307/34, P.P.C. was maintained. However, the sentence of Nawazish Ali was reduced from that of death to imprisonment for life. The sentence awarded to the other petitioners under section 302/307/34, P.P.C. and that of Nawazish Ali under section 307/34, P.P.C. was maintained.

3. We have heard the learned counsel for the petitioners and have gone through the Judgments of the Courts below and are of the view that there exists no reason to interfere with the order of the High Court. It is a daylight occurrence, the report of which was made at the earliest opportunity. The witnesses who have furnished the eye-account of the incident, were injured during the occurrence and, therefore, their presence at the spot cannot be doubted. Since it was a daylight occurrence, there was no difficulty for the witnesses to identify their assailants. The eye-witnesses are consistent in charging the petitioners for the commission of their respective crimes. The medical evidence too is in conformity with the ocular evidence.

4. The view that we have taken in the matter is that no case had been made out to interfere in the matter. The petition thus fails and is hereby dismissed.

5. So far as the petition for enhancement is concerned, we have gone through the reasons advanced by the learned Judges of the High Court in reducing the sentence of death of Nawazish Ali, respondent. The reasons so given are plausible. The learned counsel for the petitioner could not make out any case for interference in the discretion exercised by the High Court. This petition is, therefore, also dismissed.

M.I. /N-37/S Petition dismissed.