MUHAMMAD LATIFPetitiner vs MUHAMMAD HANIF and 2 others

ORDER

1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment dated 19 February, 1986 of the Lahore High Court, Lahore whereby conviction of Muhammad Hanif respondent under section 302 was maintained but his sentence was reduced to life imprisonment plus fine. And so far as Khadim Hussain respondent is concerned he was acquitted. The petition for leave to appeal has been filed by Muhammad Latif complainant-petitioner for enhancement of sentence of Muhammad Hanif respondent and against acquittal of Khadim Hussain respondent.

2. ' Briefly the facts are that the aforesaid two respondents alongwith one Muhammad Rafiq were tried for an offence under section 302/34, P.P.C. But the Trial Court acquitted Muhammad Rafiq whereas Muhammad Hanif and Khadim Hussain respondents were convicted under section 302/34, P.P.C. Muhammad Hanif respondent was sentenced to death plus fine and Khadim Hussain respondent was sentenced to imprisonment for life plus fine. On appeal the High Court as stated above acquitted Khadim Hussain respondent but maintaining the conviction of Muhammad Hanif respondent reduced his sentence.

3. ' The deceased in this case is Ejaz Ahmad. The occurrence took place at 6-30 p.m. On 13 April, 1981 within the area of Shalamar, Lahore. F.I.R. Was lodged by the complainant-petitioner on the sameday after a few hours. From Muhammad Hanif respondent was recovered human blood-stained Chhuri. The eye-witnesses are the petitioner, Ramzan and Allah Ditta. The deceased had seven injuries on his person, all incised. The lung and heart had been damaged. The motive set up was that in 1967 a brother of Muhammad Hanif respondent was murdered and Khadim Hussain respondent was injured in that occurrence in which the present petitioner who is father of the present deceased and others were prosecuted but acquitted. According to the prosecution version the deceased was attacked by the accused party.

4. Khadim Hussain respondent was attributed a Lalkara, Muhammad Hanif respondent gave Chhuri blow on the chest of the deceased. Then Muhammad Rafiq acquitted co-accused gave Sota blows to the deceased who fell down from his motorcycle. Thereafter Muhammad Hanif respondent gave him repeated Chhuri blows on various parts of the body. The High Court acquitted Khadim Hussain respondent because only Lalkara was attributed to him. Besides that he was an injured witness in the year 1967 in the case pertaining to the murder of the brother of Muhammad Hanif respondent.

5. So far as Muhammad Hanif respondent is concerned his conviction was maintained but the sentence was altered for the reason that the motive as set up by the prosecution could not be established. The earlier incident had taken place between the parties in 1967. But the present occurrence took place in 1981 whereas no incident or quarrel had taken place between the parties during this period. In other words there was nothing on the record to prove as to why Muhammad Hanif respondent launched an attack on the deceased on the day of occurrence. Thus the sentence was reduced because the immediate cause of occurrence was considered to be shrouded in mystery.

6. ' Learned counsel for the petitioner attempted to argue before us that it was a pre-planned murder because the respondents had waylaid the deceased while he was going on a motorcycle. But in the light of the evidence on record we do not find any substance in this argument. As a result this petition is dismissed.