ABDUL GHAFOOR Versus MUHAMMAD AKRAM

ORDER

SAAD SAOOD JAN, J.- -Three brothers, Muhammad Akram, Muhammad Ashraf and Muhammad Aslam along with Sadiq and Leaqat were tried by the Sessions Judge at Faisalabad on charges under sections 302, 307 and 452, read with section 149, and section 148 of the Pakistan Penal Code on the allegations that on the evening of 10-8-78 they trespassed into the house of Muhammad Siddiq, caused his death and made a murderous assault on his brother Muhammad Rashid. The learned Sessions Judge acquitted Muhammad Aslam, Sadiq and Liaqat of all the charges but convicted Muhammad Akram and Muhammad Ashraf of offences under sections 304, Part 1, 452 and 307, read with section 34 of the Pakistan Penal Code and sentenced them to serve various terms of imprisonment and pay fines. Abdul Ghafoor, brother of the deceased, filed a revision petition in the High Court challenging the acquittal of the accused of the offence under section 302 but it was dismissed. He now seeks leave to appeal from this Court.

2. The case of the prosecution at the trial was that Muhammad Siddiq deceased was suspected of carrying on an intrigue with the sister of Muhammad Akram, Muhammad Ashraf and Muhammad Aslam. To. teach him a lesson, all the accused after arming themselves with hatchets and Lathies trespassed into his house and attacked him. Muhammad Rashid tried to intervene whereupon he was also assaulted.

3. The learned trial Judge did not accept the prosecution version of the occurrence in its entirety. He held that Muhammad Akram and Muhammad Ashraf pursued the deceased and attacked his brother when they found the deceased talking to their sister; thus, this was a case of grave and sudden provocation emanating from the deceased. He also found that the other three accused had not taken part in the occurrence. In revision the High Court affirmed the finding of the learned trial Court.

4. We have heard the learned counsel for the petitioner. He ha not cared to place before us any material which could indicate that on the evidence on record the findings recorded by the trial Court and the High Court could not be reasonably sustained. Leave accordingly refused.

S.Q./A-147/S Leave refused.