INAHMUD AHMAD ALIAS MOONDA Versus STATE

ORDER

1. JAVID IQBAL, J.‑ ‑This petition for leave to appeal has been filed by the petitioner‑convict in the following circumstances: He was tried for the murder of Abdul Rauf and vide judgment of the trial Court, dated 18th June, 1983 he was convicted under section 302, P.P. C. and sentenced to death plus fine. On appeal the Lahore High Court, Lahore maintained the conviction and sentence, and dismissed his appeal.

2. There is no previous background of enmity between the parties. The petitioner had borrowed Rs.250 from the father of the deceased and on demand had promised to pay back the amount on the day of occurrence. The deceased went to the shop of the petitioner to get the money and the petitioner is stated to have attacked him with a Cheerna. The ocular testimony is corroborated by recovery of blood stained Cheerna from the petitioner. The occurrence took place at 1.30 p.m. on 7th February, 1983 in the bazar.

3. Learned counsel for the petitioner argued that it was a sudden affair without premeditation and that no undue advantage was taken. But this argument is not supported by the record. There is no evidence of any grappling between the parties or of any scuffle before the murder. According to the medical evidence injury caused on the upper chest of the deceased was so severe that it damaged vessels of neck, left lung as well as pleaura. After hearing learned counsel., we are of the considered opinion that it is not a fit case for interference. As a result this petition is dismissed.

4. S.Q./M‑362/S Petition dismissed.