ASLAM PERVAIZ and another vs THE STATE and others

' ALI HUSSAIN QAZILBASH, J.--This order will dispose of Jail Petition No, 11-R of 1987 filed by Aslam Pervaiz against his conviction and sentence and Criminal Petition No, 13-R of 1987 filed by Muhammad Akram for enhancement of the sentence awarded to Aslam Pervaiz and Nazir Ahmad convicts.

2. Aslam Pervaiz and Nazir Ahmad alongwith three others were charged under sections 302/307/149 and 148, P.P.C. For committing the murder of Muhammad Siddique and causing injuries to Muhammad Riaz and Muhammad Riasat alias Liaqat. The occurrence was alleged to have taken place on 21-2-1980 at Peshiwela in village Puran, Police Station Sarai Alamgir, District Gujrat. The report was made by Muhammad "Akram complainant the same day at 4.30 p.m. The convicts and the acquitted accused were arrested on 22-2-1980 and after the completion of the investigation they were put to trial where the learned Sessions Judge, Gujrat, vide judgment dated 24-2-1982, held Aslam Pervaiz and Nazir Ahmad guilty of offences under sections 302/34 and 307/34, P.P.C. And sentenced each of them to death under section 302/34, P.P.C. And to a fine of Rs, 5,000 or in default to three years' R.I. They were also directed to pay a sum of Rs, 5,000 each as compensation under section 544-A, Cr.P.C., or in default of payment to suffer six moths' R.I. Both the convicts were also convicted under section 307/34, P.P.C. And each was sentenced to three years'

R.I. And to a fine of Rs, 5,000 or in default to one year's R.I. They were also directed to pay a sum of Rs, 5,000 each under section 544-A, Cr.P.C. As compensation payable to Muhammad Riaz and Muhammad Riasat alias Liaqat in equal shares. In default of the payment of the compensation they were sentenced to further six months' R.I. The learned Sessions Judge, however, acquitted Arshad Mahmood, Ijaz Mahmood and Mehdi Khan. The gun and the revolver were ordered to be confiscated.

3. Aslam Pervaiz and Nazir Ahmad through Criminal Appeal No, 136 of 1982 questioned their conviction in the High Court whereas Muhammad Akram complainant filed Criminal Revision No, 233 of 1982 for enhancement of the sentence of the two convicts. Both the matters came up for hearing before a learned Division Bench of the Lahore High Court, which vide its judgment dated 22-11-1986, maintained the conviction of Aslam Pervaiz and Nazir Ahmad under section 302/34, P.P.C. For the murder of Muhammad Siddique and also under section 307/34, P.P.C. For inflicting injuries on Muhammad Riaz (P.W. 8) and Muhammad Riasat alias Liaqat (P.W. 9). While maintaining the above conviction the learned Judges altered the sentence of death of Aslam Pervaiz and Nazir Ahmad to one for imprisonment for life. The sentence of payment of fine and payment of compensation was, however, maintained. Their Lordships also maintained the sentence of both the convicts under section 307/34, P.P.C. The sentences were ordered to run concurrently. The revision filed by Muhammad Akram was disposed of in the terms above.

4. We have heard the learned counsel for Muhammad Akram petitioner and have gone through the record of evidence and we are of view that the conviction of Aslam Pervaiz and Nazir Ahmad under sections 302/34 and 307/34, P.P.C. Is well founded and is hereby maintained. As for the question of enhancement of sentence, there is evidence on the record that there was exchange of hot words between the parties and thereafter firing started, as a result of which the complainant party lost one man and two of them received injuries. This being the factual position we are of the view that the sentence awarded to Aslam Pervaiz and Nazir Ahmad is neither capricious nor outrageous. Thus both the petitions fail and are hereby dismissed.