ZAIGHUM Versus THE STATE

This revision for the enhancement is directed against the judgment dated 27‑4‑2000 passed by the learned Additional Sessions Judge, Mandi Bahauddin in case F.I.R. No.202 of 1995 dated 8‑4‑1995, under sections 302, 109 and 34, P.P.C., Police Station Saddar, Mandi Bahauddin vide which the learned trial Court convicted and sentenced (lie respondents in the following terms:‑‑

Under section 308(1), P.P.C.

All the (three accused/respondents namely Arshad Iqbal, Muhammad Inayat and Mst. Rashida Bibi were sentenced to Diyat amount to the extent of the legal inheritable bights of Zaigham the minor son and the widow of the deceased.

Under section 311, P.P.C.

In addition to sentence for a share of Diyat to be paid to the widow of the deceased who have not waived their right of `Qisas'. Arshad Iqbal, accused respondent was sentenced to 14 years.

Under section 382‑B, Cr.P.C.

Arshad Iqbal, accused respondent was also given benefit of section 382‑B, Cr.P.C.

2. The prosecution story as given in the F.I.R. and narrated in the judgment is as under:‑‑

'The complainant told Muhammad Inayat his elder son to give the share of Inayat to Muhammad Nawaz deceased from the land at Chak Basawa to which Muhammad Inayat, his wile Rashida Bibi and his son Arshad Iqbal did not agree. Due to which Muhammad Inayat and Nawaz his two sans were angry with each other. The complainant told Muhammad Inayat his son to compromise with Muhammad Nawaz deceased, his other son, after the marriage of Zafar son of Ahmad Khan of Chak Basawa who was the brother‑in‑law/'Sala' of Muhammad Nawaz deceased. Muhammad Nawaz and his family had gathered due to aforesaid marriage of Zafar. Upon the said asking of the complainant Rashida Bibi the accused who is wife of Muhammad Inayat accused and Arshad Iqbal their son said that they can settle a compromise if Muhammad Nawaz himself comas and asks for the same from them. On 7‑4‑1995 at 11‑00 a.m. Muhammad Nawaz the deceased went to the Dera of Muhammad Inayat where Muhammad Inayat the accused and Muhammad. Nawaz the deceased both started talking about the partition of the said land. Arshad Iqbal, and Rashida Bibi the accused told Muhammad Inayat that they shall not give any share out of said land to Muhammad Nawaz deceased. Arshad Iqbal accused abused Muhammad Nawaz 'the deceased in response to which Muhammad Nawaz also reciprocated by abusing. The complainant and Muhammad Inayat both separated Arshad Iqbal and Rashida Bibi in the aforesaid confrontation. Upon which the complainant and Muhammad Nawaz went to Chak Basawa After sore time Arshad Iqbal son of Muhammad Inayat and Mst. Rashdia Bibi the wife of Muhammad Inayat accused resident of Chak Basawa sent a message that Muhammad Nawaz should come to them, so that a partition of the land can be effected. Upon the said message at 4‑00 p.m. on the same day the complainant alongwith Muhammad Nawaz, his deceased son, Muhammad Khan, War Iqbal and Muhammad Yaqoob went to the Dera of Muhammad Inayat, the accused. All the aforesaid persons alongwith Muhammad Inayat the accused sat under the 'Shesham tree on the Dera of Muhammad Inayat and were talking with Muhammad Inayat when suddenly Arshad Iqbal son of Inayat armed with Kassi, Rashida Bibi the wife of Inayat empty‑handed came there. Rashida Bibi caught hold of Muhammad Nawaz the deceased by his arm and raised a Lalkara not to leave Muhammad Nawaz alive, over which Arshad Iqbal the accused gave a Kassi blow to Muhammad Nawaz the deceased, as a result of which Muhammad Nawaz deceased fell an the ground in a seriously injured condition. Arshad Iqbal and Rashida Bibi the accused while raising the Lalkaras went towards the Dera by saying that Muhammad Nawaz had been told a lesson for demanding share in the land. The said occurrence was seen by the complainant, Muhammad Khan; Muhammad Yaqoob and Zafar Iqbal, P.Ws."

3. The learned trial Court convicted Arshad Iqbal under section 311, P.P.C. and sentenced him to 14 years' R.I. as most of the 'Wali' had not waived the right of Qisas.

4. Learned counsel for the petitioner right at the outset submitted that he would not press this petition Jo the extent of Arshad Iqbal respondent. So far as respondents Muhammad Inayat and Mst. Rashida Bibi are concerned he argued that they equally participated in the occurrence and that they deserve the maximum sentence of Qatl‑e‑Amd. He added that it was rightly held by the learned trial Court that they were equally liable.

5. Admittedly, no overt act is attributed to respondent Muhammad Inayat respondent and the role attributed to Mst. Rashida Bibi is that she clasped the deceased and facilitated Arshad Iqbal to cause fatal blow. Mst. Rashida Bibi is wife of Muhammad Inayat respondent and sister‑in- law of Muhammad Nawaz deceased. One blow was given by Arshad Iqbal which as per medical evidence was, "an incised wound on right temporal parietal region (stitched) 20 c.m. long. No other visible injury". If he had been clasped by Mst. Rashida Bibi there would have been other injuries on the deceased and even otherwise it is repellent to common sense that in presence of Muhammad Inayat, her husband, she would perform that kind of act. Since the mother of the deceased has already forgiven Arshad Iqbal and she appeared as D.W.1 to say so and the learned trial Court keeping in view the attending circumstances has sentenced respondents Inayat and Mst. Rashida Bibi to Diyat amount to the extent of legally inheritable share by Zaigham the minor son and widow of the deceased I do not consider the same to he illegal or arbitrary to warrant interference in revisional jurisdiction of this Court. In the afore‑referred circumstances, the petition to the extent of Arshad Iqbal is dismissed as not pressed and with regard to the remaining respondents namely Muhammad Inayat and Mst. Rashida Bibi it is dismissed for the reasons given above.

S.M.A.H./Z‑139/L Petition dismissed.