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Criminal Petition for Special Leave to Appeal No. 391 of 1980, decided on 15th December 1984.

(Against the judgment of the Lahore High Court, Lahore, dated 2‑6‑1980 passed in Criminal Appeal No. 813 of 1978 and Murder Reference No. 23 of 1978).

‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S.302‑‑Petitioner charged with murder and sentenced to death‑‑Deceased suspected of having illicit relations‑‑Leave granted to consider whether in view of motive put forward by prosecution, petitioner deserved lesser sentence of imprisonment for life.

Khawaja Muhammad Sharif, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioners (absent).

Nemo for the State.

Date of hearing: 15th December, 1984.

‑This petition by Muhammad Sadiq and Mian Khan is directed against the judgment of the Lahore High Court dated 2‑6‑1980, maintaining their conviction and sentences under section 302/34, P.P.C. and 307/34, P.P.C. They were tried for the murder of Mehdi and making murderous assault on Khan P.W.8.

2. The learned trial Court convicted Mian Khan to death and Muhammad Sajid to imprisonment for life. They were also sentenced to Rs.1,000 each and under section 307/34, P.P.C. each of them was sentenced to 2 years R.I. and a fine of Rs.2,000 each. The fine if realized was ordered to be given to the heirs of the deceased as compensation. The High Court dismissed their appeal, and maintained their convictions and sentences. It confirmed the death sentence of Mian Khan.

3. The murder in this case took place at Peshiwela on 9‑8‑1971 in Village Chechian, Police Station Kharian, District Gujrat.

4. According to the prosecution the motive for the offence was that Jalal (acquitted accused) suspected that Mehdi (deceased) had illicit relations with his divorced daughter Mst. Manzoor Begum. The two petitioners and the two acquitted co‑accused are stated to have waylaid the deceased when he was going to fetch fodder from the field in Village Chechian in the company of Fateh Ali complainant (P.W.7), Khan (P.W.8), Muhammad Sadiq (P.W.13) and Niaz Ali (not produced)

Mian Khan petitioner is said to have fired a shot with his rifle hitting Mehdi (deceased) on the forehead as a result of which he fell down and died. His brother Muhammad Sadiq petitioner also fired at Khan (P.W.8), causing injuries to him.

5. The prosecution case rests entirely on the testimony of 3 eye‑witnesses out of whom Khan P.W.8 had sustained injuries during the incident.

The learned trial Court, therefore, believed the ocular testimony and convicted and sentenced the accused as mentioned earlier. The sentence of death of Mian Khan was confirmed by the High Court on appeal.

6. We have heard the learned counsel for the petitioners. He has not been able to put forward any contention to persuade us to consider the case on merits. However, in view of the motive put forward by the prosecution itself, this appears to be a fit case for considering whether Mian Khan petitioner deserves to be awarded lesser sentence of imprisonment for life.

Leave is, therefore, granted only for this purpose.

The petition is, however, dismissed with regard to Muhammad Sadiq petitioner.

M.I. Order accordingly.

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