' ABDUL HAMEED DOGAR, J.--- This petition is directed against judgment, dated 1-11-2004 passed by learned Division Bench of Lahore High Court, Lahore whereby Criminal Appeal No,2312 of 2003 filed by petitioner was dismissed, the conviction and sentence of the petitioner:---
(i) Under section 302(b), P.P.C. And 7(a) of the Anti-Terrorism Act, 1997 to death on two counts for the murders of Muhammad Ramzan and Saim Raza. He was also directed to pay compensation of Rupees one lac each to be paid to the legal heirs of the deceased in default whereof to undergo S.I.
For two years;
(ii) Under section 324, P.P.C. Read with section 7(c) of the Anti-Terrorism Act, 1997 to ten years' R.I.
And Rs,20,000 each as fine in default whereof to further undergo S.I. For one year for murderously assaulting Mst. Shehzadi Shehar Bano, Muhammad Hussain, Abdul Razzaq and Shahid P.Ws.; and
(iii) Under section 13 of the Arms Ordinance, 1965 to three years' R.I. Awarded by the trial Court were maintained. Murder Reference No,43/T of 2003 for confirmation of death sentence was also answered in affirmative.
2. In this case Muhammad Ramzan and Saim Raza were murdered whereas Mst. Shehzadi Shehar Bano, Muhammad Hussain, Abdul -Razzaq and Shahid sustained injuries at the hands of petitioner Muhammad Sajid.
3. Precisely, the facts leading to the filing of instant petition are that on 1-8-2003 at about 9-00 a.m.
Complainant Abdul Hafeez (P.W.10) along with his brother Muhammad Ramzan was present at his home in the village Kopra Kalan when noise of shrieks of the ladies and children were heard from the house of Sabir Hussain Shah. The complainant along with his brother Muhammad Ramzan went to the house of Sabir Hussain Shah where the ladies were standing out of the house and informed that petitioner Muhammad Sajid who was follower of Sabir Hussain was restrained to come to their house six/seven years back, had suddenly come in the house and gave a Sota blow at the person of Hassan Raza. The ladies restrained him from beating the child. The petitioner picked up a Chhuri and lifted Saim Raza, a minor child, Mst. Shehzadi Shehar Bano tried to restrain him whereupon he gave a Chhuri blow on her left shoulder. Muhammad Ramzan alias Zaildar who tried to rescue minor child was given 2/3 successive Chhuri blows by petitioner who died at the spot, thereafter, petitioner decamped towards Kopra Khurd on bicycle who was chased by complainant and others. He was stopped near the Dera of Muhammad Afzal Ghumman and they tried to get the child released but petitioner slaughtered Saim Raza with Chhuri in their presence.
Petitioner also gave Chhuri blows to P.Ws. Muhammad Hussain, Muhammad Shahid and Abdul Razzaq.
4. Petitioner was apprehended at the spot and was handed over to the police who after completion of investigation was sent up to face trial before Judge, Anti-Terrorism Court No,1, and Gujranwala.
5. Prosecution in order to establish its case examined 19 witnesses in all.
6. Dr. Shaukat Ali Bhatti, M.O. (P.W.5) conducted post-mortem of deceased Muhammad Ramzan and found, following injuries on his person:--
(1) An incised wound 4 c.m. x 1-1/2 c.m. Oblique D.N.P. On front of left chest, one c.m. Above and lateral to left nipple.
(2) An incised wound 5 c.m. x 2 c.m. Oblique muscle deep going down on back and outer aspect of left chest lower most part.
(3) An incised wound 2-1/2 c.m. x 1/2 c.m. Vertical skin deep on back and outer aspect of left upper arm in middle.
' On autopsy of deceased Saim Raza, he found following injuries:--
(1) An incised wound 3 c.m. x 1/2 c.m. Muscle deep, transverse on left upper eyelid.
(2) An incised wound 4 c.m. x 1 c.m. Muscle deep transverse on left side of face, 1 c.m. From angle of mouth.
(3) An incised wound 10 x 4 c.m. Vertebrae deep transverse on front and both sides of neck in middle, skin subcutantuous tissues, neck muscle, trachea, oesphagus, blood vessel of neck were cut and damaged.
7. Dr. Abdul Razaq (P.W.7) medically examined P.Ws. Muhammad Hussain, Hassan Raza, Mst.
Shahzadi Shehar Bano and Muhammad Razzaq and found various injuries on their persons.
8. In his statement recorded under section 342, Cr.P.C. Petitioner denied the case of prosecution and pleaded false implication. While answering to question "why this case is against you and why have the P.Ws. Deposed against you?" replied in the following manner:- "As the conflict about borrowed money existed between me and Pir Sabir Shah. I often asked the said Pir Sabir Shah for returning the borrowed money to the tune of Rs,70,000, but the said Pir Sabir Shah turned down my request. On the day of occurrence, I was deceitfully called by Sabir Shah in the name of giving back my borrowed money, but when I reached there, Pir Sabir Shah issued orders to his Muraidians for 'beating me, so that he might be taught a lesson for demanding money from him. The attack was desperate, so just to save the relation between soul and body, I used "Chua Ramba" which was lying nearby. As the P.Ws. Are Muridains of Pir Sabir Shah, they have been issued instructions by Pir Sabir Shah to depose falsely against me for the dispute between Pir Sabir Shah and me in relation to the money to the tune of Rs,70,000."
' He neither opted to record statement on oath as required under section 340(2), Cr.P.C. Nor led any evidence in his defence.
9. On conclusion of trial, petitioner was convicted and sentenced as stated above.
10. We have heard Mr. Arshad Ali Ch., learned counsel for the petitioner and Mr. Muhammad Aslam Malik, appearing on behalf of State at length and have gone through the record and proceedings of the case in minute particulars.
11. Admittedly the incident took place in the broad-daylight and was IA promptly reported to the police by complainant. There exist no question of substitution or false implication as no previous enmity existed in between the parties. Muhammad Ramzan and Saim Raza, a minor child was done to death in a gruesome manner, besides Mst. Shahzadi Shehar Bano (P.W.15), Muhammad Hussain (P.W.16), Abdul Razzaq (P.W.17) and Shahid (P.W.18) were injured by petitioner. The ocular version furnished by the abovesaid injured P.Ws. Is fully corroborated by medical evidence furnished by Dr. Shaukat Ali Bhatti (P.W.5) and Dr. Abdul Razzaq (P.W.7). They in unequivocal terms deposed against the petitioner that on their attempt to get the deceased child released from the clutches, he slaughtered the child in their presence in a brutal manner and was apprehended at the spot. They were cross-examined at length but not a single question was suggested to those eye-witnesses about his false implication. Thus, their testimony cannot be discarded on the pretext being closely related with the deceased. It is well-settled principle of law that mere relationship is hardly sufficient to discard the evidence unless it is shown that the said was furnished with some motive or malice. Irrespective of above, the said ocular testimony is corroborated by the recovery of blood-stained dagger which was reported to be stained with human blood by Chemical Examiner. P.Ws. Muhammad Hussain and Razzaq also supported the factum of recovery of blood- stained dagger from the possession of the petitioner whose testimony was not shattered in cross- examination. Conviction under section 13-D of the Arms Ordinance for having illicit possession of the said dagger was an additional factor for maintaining the conviction and sentence. Moreover, learned counsel for the petitioner has failed to point out any illegality, misreading or non-reading in the impugned judgment. We also do find any justification to interfere with the concurrent findings of guilt recorded against petitioner by both Courts below, which are accordingly maintained.
12. From what has been discussed, the petition being devoid of force is dismissed and leave to appeal refused.