ABDUL HAMEED Versus STATE

ORDER

1. JAVID IQBAL, J.- -This petition for leave to appeal has been filed by Abdul Hameed petitioner who had been tried on a charge under section 302 PPC by the trial Court which convicted him of the same and sentenced him to death plus fine. On appeal in the Lahore High Court, Bahawalpur Bench, Bahawalpur the conviction was maintained but the sentence was altered to life imprisonment. The deceased in this case is Manzur Ahmad and the motive is that the deceased had cut an indecent joke with the sister of the petitioner.

2. The prosecution case is that on the fateful day the deceased did not return to his house at night. On the next morning his father Bagh Din complainant went out asking about his son from different people. Abdul Ghafoor and Siraj Din PWs told him that on the fateful night at about 10 p.m. they saw the deceased being taken by the petitioner towards the Dera of Pir Hassan Ali Shah. Thereafter Bagh Din inquired from the petitioner about his son who posed ignorance as to his whereabouts. As a result Bagh Din got a case registered against the petitioner under section 364 PPC which was subsequently altered to section 302 PPC when the petitioner made an extra judicial confession before Nabi Bakhsh and Ghulam Rasool PWs to the effect that since the deceased had cut an indecent joke with his sister he took him to the Dera of Pir Hassan Ali Shah and strangulated him there. This extra judicial confession of the petitioner was further corroborated because it was at his pointing out that the dead body of the deceased was recovered from the Dera of Pir Hassan Ali Shah. Thereafter some other objects belonging to the deceased had been produced by the petitioner from his house.

3. Learned counsel for the petitioner attempted to argue that there was nothing on the record to show that the extra-judicial confession made by the petitioner was proved. According to him any extra judicial confession when made the witness of the same must repeat in his statement the exact words in which the extra judicial confession had been made. In support of this reliance was placed on Nasir Ali v State (1968 P.Cr.L.J 632 - Lahore). We have carefully considered the argument of the learned counsel. The case against the petitioner is based on the last-seen evidence produced by Abdul. Ghafur and Siraj Din PWs, extra judicial confession, evidence based on the statements of Nabi Bakhsh and Ghulam Rasool PWs, which is further corroborated by the recovery of the dead body of the deceased at the pointation of the petitioner as well as other recoveries of objects belonging to the deceased which were produced by the petitioner from his house; and these pieces of evidence were further, supported by the motive version as well as the medical evidence. What the learned counsel wants us to do is reappraisal of evidence which in the circumstances of the case is not called for. Therefore in our view it is not a fit case for the grant of leave.

4. The petition is accordingly dismissed.

5. M.I./A-125/S Petition dismissed.