ABDUL RAHMAN Versus SAID MUHAMMAD

ORDER

ALI HUSSAIN QAZILBASH, J ‑‑This is a petition for leave to appeal against the judgment of a learned Division Bench of the Lahore High Court, dated 12th July, 1987.

2. The petitioner was charged and tried by the learned Additional Sessions Judge, Faisalabad, under section 302, P.P.C. for the murder of Mubarik Ali and was convicted as such and sentenced to death with a fine of Rs. 5.1100 or in default to further undergo two years' R.I. The fine on realization was ordered to be paid to the heirs of the deceased. Benefit of section 382‑B, Cr. P.C. was allowed to him. On appeal in the High Court, his conviction under section 302, P.P.C. was maintained but the sentence was altered to imprisonment for life. The other sentences were, however, maintained.

3. We have heard the learned counsel' for the petitioner and have gone through the judgments of the Courts below. It is a daylight occurrence, the report of which was made within a shortest possible time, and the case of the prosecution is supported by the eye‑witnesses, the motive and the recovery of weapon of offence. It was alleged in the F.I.R. that the deceased was done to death by stabbing and this is fully supported by the medical evidence in that the deceased had as many as four stab injuries and two incised wounds on his body. The eye‑version account is consistent in accusing the petitioner fo r the commission of the murder and we think that the conviction is well‑founded and the sentence imposed upon the petitioner is proper in the circumstances of the case.

4. The petition is dismissed.

M.A.K./A‑365/S Petition dismissed.