ALTAF HUSSAIN Versus STATE

ORDER

S.A. NUSRAT, J .--This order will dispose of the above mentioned three petitions which arise out of the same judgment of the Lahore High Court dated 6-5-1985.

2. Criminal Petition No.370 of 1985 has been brought by Altaf Hussain and Iqbal Hussain, real brothers, who were tried for offences under Sections 302/34 and 307/34, PPC by the Additional Sessions Judge, Sahiwal, for the murder of Muhammad Altaf and Sardar and murderous assault on Liaqat Hayat, P.W., while Qadir (respondent in Criminal Petition 304/85) was acquitted by the trial Court. Altaf Hussain was sentenced to death with fine for the murder of Muhammad Altaf under section 302/34, PPC. He was also convicted for the murder of Sardar under the same sections and sentenced to imprisonment for life with fine etc. He was further convicted under section 307/34, PPC for the attempted murder of Liaqat Hayat, P.W. and sentenced to seven years' R.I. The sentences of imprisonment were ordered to run concurrently. Iqbal Hussain was convicted under section 302/34, PPC for the murder of Muhammad Altaf and sentenced to imprisonment for life with fine. He was also convicted under section 302/34, PPC for the murder of Sardar and awarded death sentence with fine. He was further convicted under section 307/34, P.P.C. for the attempted murder of Liaqat Hayat and sentenced to seven years' R.I.' Co-accused Jalal Hussain, brother of the petitioners, was also convicted under section 302/34, P.P. C. for the murder of Muhammad Altaf and sentenced to imprisonment for life with fine. He was also convicted under section 302/34, PPC for the murder of Sardar and awarded imprisonment for life with fine. He was further convicted under section 307/34, PPC for the attempted murder of Liaqat Hayat and sentenced to seven years R.I. The sentences of imprisonment in all the cases were ordered to run concurrently.

3. The petitioners and Jalal Hussain filed a joint appeal against their conviction and sentences while Muhammad Riaz complainant filed revision in the High Court praying that sentence of Jalal Hussain be enhanced to death and retrial of Qadir (acquitted accused) may be ordered. The appeal of Jalal Hussain was accepted by the High Court and the convictions and sentences awarded to him on both charges of murder were set aside and his conviction under section 307/34, PPC was altered to one under section 323, PPC and he was sentenced to one year's R.I. which he had already served out. Accordingly he was ordered to be set at liberty, if not wanted in any other case. The death sentence awarded to Aitaf Hussain and Iqbal Hussain was not confirmed. Altaf Hussain was convicted under section 302, PPC and sentenced to imprisonment for life and a fine of Rs.2,000 or in default, further six months R.I. His conviction and sentence for murdering Sardar, deceased and murderous assault on Liaqat Hayat was set aside. Iqbal Hussain petitioner was convicted under section 302, PPC and sentenced to imprisonment for life and a fine of Rs.2,000 for causing fatal injury to Sardar or in default further six months R.I. He was acquitted of the other two charges.

4. Criminal Petition No.303/1985 has been brought by Muhammad Riaz complainant with the prayer that the impugned judgment be set aside and the sentence awarded to Jalal Hussain, Iqbal Hussain and Altaf Hussain by the trial Court may be restored/ maintained, while Criminal Petition No.304/1985 has been filed against the acquittal of Qadir.

5. Although the petition brought by Altaf Hussain and Iqbal Hussain is barred by 63 days, but since it has come up alongwith other petitions, we heard their learned counsel at length on the question of conviction and sentence awarded to them. The learned counsel took us through the evidence and the impugned judgment of the learned High Court as well as that of the trial Court. The contentions raised by the learned counsel were more or less on the same lines as raised before the High Court. The learned High Court, on detailed scrutiny and appreciation of evidence, came to hold that there existed a dispute between Jalal Hussain and Muhammad Altaf deceased etc. over physical possession of the land and the state of relations between the parties was such that a minor incident could bring them to conflict. As both sides were injured, it could be safely inferred that both the parties wanted to enforce their right/supposed right in the disputed land for which they armed themselves in full expectation of armed conflict and were, therefore, determined to have a trial of strength. In the circumstances, the question of exercise of right of self-defence was rightly ruled out of consideration. It was, therefore, legitimately inferred by the learned High Court that each party had knowingly taken upon itself the risk of encounter which resulted in the death of Muhammad Altaf and Sardar and injuries to Liaqat Hayat P.W. on the complainant side and simple and grievous gun shot and blunt weapon injuries to Jalal Hussain and Altaf Hussain on the accused side. It was, therefore, found, and rightly so, that it was a case of free fight and each participant was liable for his own individual act.

6. After hearing the learned counsel and examining the impugned judgment and the record of the case, we are satisfied that the decision of the learned High Court rests on appreciation of evidence, no principle or rule of interpretation of evidence in criminal cases has beets violated and the petitions, therefore, do not raise any question of law for consideration. The same are without force and dismissed accordingly.

S. Q. /A-127/S Petitions dismissed.