MIAN BURHANUDDDIN KHAN, J.-This judgment will dispose of Criminal petition for leave to appeal filed by Saifur Rahman and Jail Petitions filed by Muhammad Afzal and Muhammad Ashraf.
2. Accused/appellant Saifur Rahman was tried, alongwith Liaqat A.I alias Liaqi, Muhammad Afzal alias Khake, Muhammad Ashraf alias Koka and Faqir Hussain alias Firu under section 302/307 read with section 34, P. P. C. For the murder of Munawwar Ahmad aged about 24 years, by stabbing him with sharp-edged weapons on 15-2-1975 at about 3-30 p. m. In Street No. 3, Hercharanpura No. 2, 1i miles away from Police Station Factory Area. Petitioner, and his above-named co-accused were also tried for murderous assault on Javed Ahmed, P. W. Saifur Rahman was convicted and sentenced to death and a fine of Rs. 5,000, or two years' R, I. In default thereof, for the murder of Munawwar Ahmad deceased, and was also sentenced to seven years R.
1. Under section 307/34, P.
P. C. And a fine of Rs. 2,OC0 or six months' R.
1. In default, for causing injuries to Javed Ahmad, P. W.
Muhammad Afzal and Muhammad Ashraf were sentenced to life imprisonment and a fine of Rs.
5,000 or two years' R.
1. Each, in default thereof under section 302/34 P. P. C. For attempt on the life of Javed Ahmad, P. W. And they (Afzal and Ashraf) too were also sentenced to seven years' R. 1.
Under section 307/34, P. P. C. And a fine of Rs. 2,000. Or six months' R.
1. In default. Half share of the amount of fine, if realized, was ordered to be paid to the heirs of the deceased, and sentences awarded to Ashraf and Afzal under section 307/34 and 302/34, P. P. C. Excepting in default of payment of fine shall run concurrently, vide judgment of the learned Additional Sessions Judge, Faisalabad dated 10-6-1978. Liaqat and Faqir were acquitted. Appeals filed by the convicts were dismissed by the High Court and death sentence of Saifur Rahman was confirmed, vide the impugned judgment.
3. Petitioners have now come up to this Court against their conviction and sentence viz. Saifur Rahman through Criminal Petition for Leave to Appeal No. 41/1981 and Muhammad Afzal and Muhammad Ashraf through Jail Petitions No. 20/R of 1981. And 46/R of 1981, respectively.
4. According to the prosecution on 15-2-1975 at 3-30 p. m. In Street No. 3, Harcharanpura, Faisalabad Munawwar Ahmad deceased and Javed Ahmad, P. W. Were taking tea in shop of Nazir Pissu when Saifur Rahman petitioner, armed with a bugda, Muhammad Afzal and Muhammad Ashraf, with chhuris, Liaqat, Faqir and Azam (absconding accused) armed with knives, attacked the deceased. Saifur Rahman petitioner gave a blow with sharp side of bugda on the thigh of Munawwar deceased, Muhammad Afzal dealt a chhuri blow on the right side of abdomen of Javed, P. W. Muhammad Ashraf gave a chhuri blow on the left arm of Munawwar and so did Muhammad Afzal. Saifur Rahman also gave a bugda blow which fell on the testicles of Munawwar deceased and be fell down. Thereafter, it is stated that Ashraf gave a chhuri blow to the deceased on his back side and Liaqat gave a blow on the buttock of the deceased and Faqir and Azam (absconding accused) also gave blows, with their respective weapons, on the buttocks of Munawwar deceased.
Javed (injured P. W.) raised alarm which attracted Shabbir Ahmad, P. W. 10 and Abbas A.I, P. W. 12.
5. Motive, according to the prosecution is that Muanwwar Ahmad deceased and Javed Ahmad, P.
W. Had gone to see a movie at Babar Cinema. When they were standing in a ,queue Saifur Rahman petitioner, arrived and pushed Javed Ahmad out of queue ; on this the two parties grappled but were separated by the by-standers namely Sharafat and Gulzar Ahmad. But Saifur Rahman left the place saying. That he will avenge the insult hurled on him.
6- Learned counsel for the petitioner has contended that the liability of Saifur Rahman in causing the death of the deceased is not greater than his other co-accused who have been awarded lesser penalty that according to tile prosecution all the accused/petitioners had come armed with bugda, chhuris and knives and attacked the deceased and his companion Javed Ahmad and, tile to pick out one of the assailants as solely responsible for the murder would be contrary to the principles, of joint liability., The learned counselfurther contended that the bugda used by Saifur Rahman is an article which is always available in the shop of a butcher and in the instant case the sketch of the spot would show that there was a butcher's shop near the scene of occurrence where chhuris and bugdas were available that it was a sudden encounter between the, two parties, who, according to the evidence on the record, belong to rival groups of rough-necks, and there was no premeditated and preplanned assault either on Munawwar deceased or Javed Ahmed, P. W. We have considered the points raised by the learned counsel and grant leave to consider the question of sentence on the basis of submissions made by the learned counsel.
7. On going through the record we find there is no merit in the cases of Muhammad Afzal and Muhammad Ashraf and the Jail petitions filed by them are, accordingly, rejected.