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Petitions for Special Leave to Appeals Nos. 283 and 79 of 1967, decided on 5th December 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 29th September 1967, in Criminal Appeal No. 28 of 1966 and Murder Reference No. 150 of 1966).
S. 302‑Murder‑Accused while on way with deceased to board a train for certain destination murdering deceased, his grandfather, with hatchet‑Accused not pleading to have parted company with deceased on way to railway station, pleading alibi but leading no evidence‑Eye‑witnesses in dependent‑Father and paternal aunt of accused also implicating him on murder charge‑Conviction held, well founded‑Constitution of Pakistan (1962), Art. 58(3).
K. B. Mushtaq Hussain Khan, Advocate Supreme Court, instructed by Syed Wajid Hussain, Senior Attorney for Petitioner.
Nemo for the State.
Date of hearing : 5th December 1967.
‑The petitioner has been sentenced to death under section 302, P. P. C. for committing the murder of his grandfather Muhammad Din.
The occurrence took place on 3rd August 1961, shortly after 3‑30 a.m. while the deceased and the petitioner were on the way to the railway station, Gujrat, for boarding a railway train for Lyallpur. The motive for this gruesome crime was refusal by the deceased to transfer to the petitioner a part of his lands which otherwise would devolve on the father of the petitioner who had taken another wife and had children by her.
Conviction is supported by direct evidence of Muhammad Hussain and Lal Khan, P. Ws., who were also on their way to the railway station, Gujrat, to board a train for Lahore which left at 3‑45 a.m. Within their sight the petitioner took out a hatchet from under the chaddar with which he had wrapped himself and gave 2/3 blows with it to the deceased who fell on the ground and died instantaneously. It is likely that the petitioner who was walking ahead of the said P. Ws., was not aware of their presence for as soon as they came over he ran away carrying the hatchet with him. Leaving Lal Khan, P. W., behind Muhammad Hussain went to the house of Muhammad Qasim, father of the petitioner, and informed him about the occurrence. F. I. R. was lodged by Muhammad Qasim at the Police Station, Saddar, Gujrat, at 4‑30 a.m., that is, within an hour of the deceased and the petitioner having been last seen together. Besides Muhammad Qasim, his sister Mst. Hafeezan also saw the deceased and the petitioner leaving together for the railway station at 3‑30 a.m.
It was not the case of the petitioner that he had parted company with the deceased on the way to the railway station, Gujrat. Indeed, he was to accompany him to Lyallpur. On the contrary he pleaded alibi and led no evidence in proof. The two eye‑witnesses were wholly independent and there was no reason to doubt their testimony. Similarly, the father and paternal aunt of the petitioner could have no earthly reason to falsely implicate him on a murder charge.
The conviction and sentence awarded to the petitioner are thus well founded and call for no interference.
The petition for Special Leave to Appeal No. 283 of 1967 and the Jail Petition No. 79 of 1967 are accordingly dismissed.
Petition dismissed.
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