MUZAFFAR KHAN Versus STATE

GHULAM MUJADDID MIRZA, J. -Yaqoob Khan, his sons Muzaffar Khan and Abdul Sattar Khan, his nephews Hidayatullah and Khalas Khan were tried for the murder of Ataullah and murderous assault on Umer Hayat, by the Sessions Judge, Mianwali. The trial Judge, by judgment dated 5th April, 1980, acquitted Yaqoob Khan, Abdul Sattar and Khalas Khan. Muzaffar Khan and Hidayatullah were convicted under section 302/12. This now leaves us with the question of sentence. The conviction of Ghulam Ali, Muhammad Niwaz and Ahma, appellants, is converted from section 302/149, P. P. C. on three counts to that under section 302/34, P. P. C. on three counts. The sentences as already awarded by the trial Judge, are maintained. Learned counsel for the appellants, during arguments, filed an application on behalf of Ghulam Ali, appellant to show that Shahoo (won over P. W.) had forgiven Ghulam Ali, appellant, with regard to the murder of his daughter, Mst. Hayatan, deceased. We would like to point out that the said application does not show that any compensation was paid by Ghulam Ali, appellant, to the heirs of Mst. Hayatan, deceased. In any case, Ghulam Ali, appellant, committed a heinous crime by not only firing at and killing Muhammad Ali deceased, and his daughter Mst. Mumtaz, deceased, and injuring his wife Mst. Aziz Bibi (won over P. W.) at the residence of Muhammad Ali, deceased, but thereafter carrying his wrath to the house of his father-in-law and there firing at and killing his own wife, Mst. Hayatan, deceased. There are no mitigating circumstances to relieve Ghulam Ali, appellant, from the maximum sentence. Even otherwise, the application submitted on behalf of Shahoo (won over P. W.) does not relieve Gbulam Ali. appellant, from his liability with regard to the murders of Muhammad Ali, deceased, and Mumtaz Bibi, deceased, as their heirs have not compromised the matter with Ghulam Ali appellant. In these circumstances, Ghulam Ali, appellant is liable for the maximum sentence provided under section 302/34, P. P. C. on all the three counts. In these circumstances, we have maintained the sentences of Ghulam Ali, Niwaz and Ahma, appellants, as awarded by the trial Judge on the capital charges of murder on all the three counts. The sentences of death awarded to Ghulam Ali, appellant, on each of the three counts is confirmed. Ghulam Ali, Ahma and Niwaz, appellants, are convicted under sections 325/34, P. P. C. on three counts for causing injuries to Mst. Aziz Bibi, Mst. Fateh Bibi and Mst. Daulan P. W. 13 and we sentence them to two years' R. I. with a fine of Rs. 400 each on each of the three counts or in default thereof to suffer further R. 1. for six months each on each of the three counts. The convictions and sentences of all the appellants under sections 307/149 and 148, P. P. C. are hereby set aside, The sentence awarded to Ahma and Muhammad Niwaz, appellants shall run concurrently. In view of section 382-B, Cr. P. C., the periods of detention undergone by Ahma and Muhammad Niwaz, appellants as under-trial prisoners, shall be treated as periods of detention undergone by them as convicts.

13. For the foregoing reasons, the appeals stand fully accepted qua Riaz, Gulzar alias Gulla, Muhammad Ali and Mumtaz appellants and their convictions and sentences are set aside. They shall be released forthwith, if not required in any other case. Fines, if any recovered from them, shall be refunded to them. The appeals qua Ghulam Ali, Muhammad Nawaz and Ahma, appellants, stand partly accepted in terms of alteration of conviction and reduction in sentences, as stated above. There being no merit in the private revision (Crl. Rev. 912/79) filed by Muhammad Riaz, complainant, the same is dismissed in limine.

M.Y. H. Death sentence confirmed.