SHAFIQUE alias Tajeem Versus State

ORDER

ATHAR MINALLAH, J.--- The petitioner has sought leave against the judgment dated 01.12.2022 passed by the Peshawar High Court, Peshawar. The petitioner was nominated in Crime Report No. 283 dated 05.11.2015 at Police Station Lund Khwar for the commission of the alleged offences under Sections 302/324/449, P.P.C. The Trial Court upon conclusion of the trial, vide its judgment dated 03.09.2019, convicted and sentenced the petitioner as under:-

Under Section 302(b) P.P.C.

To death on four counts for the murders of Shitab, Mst. Gul Nazra, Khalid and minor Saira and to pay Rs.50,000/- as compensation to the legal heirs of each deceased on each count or in default thereof to further undergo simple imprisonment for a period of six months.

Under Section 324 P.P.C.

To four years RI for an attempt to commit murder of Aimal Khattak (PW-8) and Tahir (PW-9).

Under Section 449 P.P.C.

To imprisonment for life and to pay fine of Rs.20,000/- or in default thereof to further suffer St for six months.

Both the sentences were directed to run concurrently while the sentences of imprisonment in default of payment of fine/compensation were directed to run consecutively, with benefit of Section 382-B, Cr.P.C.

The appeal preferred by the petitioner was dismissed by the High Court and the murder reference was answered in the alfirmative.

2. We have heard learned counsel for the petitioner, the complainant as well as learned Law Officer at great length and have perused the record with their able assistance.

3. The occurrence had taken place at the residential house of one of the deceased victim i.e. Shitab. The occurrence had led to the unnatural deaths of four victims including a child who was at that time 6/7 years old. The occurrence had taken place at 07:30 PM on 05.11.2015. The petitioner was arrested on 10.11.2015 and the crime weapon was also recovered from his possession when he was arrested. The crime weapon had matched the crime empties collected from the crime scene since the report of the Forensic Science Laboratory was positive. The prosecution in order to prove its case had produced Aimal Khattak (PW-8) and Tahir (PW-9) to depose the ocular account. They were consistent in all material facts and their testimonies have been found by us to be reliable, confidence inspiring and trustworthy. The ocular account was supported by the medical evidence brought on the record by Dr. Nazneen (PW-7) and Dr. Gul Amin (PW-10). In our opinion, the prosecution had proved the guilt of the petitioner beyond a reasonable doubt. The nature of the occurrence was so gruesome and shocking that in the facts and circumstances of the case, the Trial Court was justified in handing down the sentence of death, which was later confirmed by the High Court. Learned counsel for the petitioner has not been able to show any misreading or non-reading of the evidence let alone any other legal infirmity. As already noted above, the sentence of death on four counts in the facts and circumstances of the case was also justified. Learned counsel for the petitioner has not been able to persuade us that a question of law has arisen for our consideration.

4. In view of the above, no case is made out for grant of leave. Consequently, leave is refused and the petition is accordingly dismissed.

JK/S-42/SC Petition dismissed.