' NASIM HASAN SHAH, J.-- The petitioner, herein, Hayat Muhammad, son of Juma Khan was tried by a learned Additional Sessions Judge, Jhelum under section 302, P.P.C. (on two counts) for committing the murders of Hafiz Rab Nawaz and Painda Khan at about Deegerwela on 10-2-1978, in the area of village Kalojo (Murid), Police Station and Teshil Chakwal, District Jhelum. He was found guilty of the offence on both counts and was accordingly convicted under section 302, P.P.C. And sentenced to death (on each count), subject to confirmation by the High Court, and to pay a fine of Rs, 2,000 on each count, or in default to undergo rigorous imprisonment for one year on each count vide the judgment dated 30-4-1980.
2. On appeal and reference and the private revision (Criminal Revision No,883 of 1980), filed by Mst.
Arshad Begum (P.W.9), widow of Hafiz Rab Nawaz (deceased), for the enhancement of the fine on each count to the petitioner, a Division Bench of the Lahore High Court sitting at Rawalpindi, maintained the aforesaid conviction and sentence of the petitioner under section 302, P.P.C. On each count vide judgment, dated 2-5-1983. The petitioner feeling aggrieved by the said judgments, has moved this petition for leave to appeal through the Jail authorities.
3. The case of the prosecution is that Hafiz Rab Nawaz (deceased), was working as the "Imam" of the Mosque in village Kalojo (Murid) and was living alongwith his family members in a house, situate near the village Mosque. Hayat Muhammad (petitioner) was engaged as "Khadam" of the said Mosque on a monthly remuneration of Rs,100. Some 5/6 days before the occurrence Hafiz Rab Nawaz (deceased) and the accused (Hayat Muhammad) exchanged hot words about the payment of dues to the accused which resulted in exchange of abuses between the said two.
Muhammad Khan and Nawaz Abbas (P.Ws.), however, intervened and settled the matter between them. On 10-2-1978 during the morning hours, Hafiz Rab Nawaz and Painda Khan (deceased) turned the accused out of his job and at the same time, Hafiz Rab Nawaz (deceased) also flatly refused to pay the accused his salary for the previous two months on account of the unsatisfactory manner in which he had performed his services. On account of this grievance, the accused allegedly, armed with a Sota, came near the Village Mosque on the same day at about Deegarwela. Hafiz Rab Nawaz (deceased) was then standing close to his residential house. The accused raised Lalkara to the effect that he (deceased, Hafiz Rab Nawaz) should be ready to meet the results of his removal from the job and non-payment of his salary for two months. The accused then gave Sota blow to Hafiz Rab Nawaz (deceased), which hit him on his head and he fell down. In his lying position, the accused gave another Sota blow, which hit him on his head. Some dried up branches of tree were lying close to the Mosque. The accused dragged Hafiz Rab Nawaz (deceased) and placed his body upon the branches, sprinkled kerosine oil on it and set it on fire. In the meantime, Painda Khan (deceased) also came there. He cursed the accused for his cruelty upon which the accused also turned towards him exclaiming that he would also not be allowed to live. The accused then gave a Sota blow to Painda Khan (deceased) from behind, which hit him on the back of his head and he fell down. The accused continued raising Lalkaras while standing close to the dead body of Hafiz Rab Nawaz (deceased), while it was burning and was shouting that whosoever would come near, would also be not left alive. The occurrence was allegedly witnessed by Yar Muhammad, son of Painda Khan, Amir Muhammad, Fazal Hussain and Mst. Arshad Begum, widow of Hafiz Rab Nawaz. None of them approached the accused on account of fear. Anyhow, Yar Muhammad and Mst. Arshad Begum (P.Ws.) threw some pieces of stones at the accused, which caused him some injuries. After the occurrence, Painda Khan (deceased) was brought to the Civil Hospital, Chakwal, on the same day, where he succumbed to his injuries and died. Yar Muhammad (P.W.), son of Painda Khan (deceased) left the dead body of his father in the Civil Hospital, Chakwal and himself left for the Police Station for lodging the report.
4. Hayat Muhammad (accused) was arrested on the same day by Ghulam Muhammad, S.I.
(P.W.12). Blood-stained shirt (Exh.P.1) and blood-stained Chaddar (Exh.P.2) of the accused were removed from his person and taken into possession by the Investigating Officer vide memo. P.F.
The accused also had with him his blood-stained Dang (Exh.P.3), which was also taken into possession vide Memo. Exh.P.G. These recoveries were witnessed by Haq Nawaz (P.W.8), Ghulam Muhammad S.I. (P.W.12), and Muhammad Iqbal (given up P.W.).
5. The Additional Sessions Judge and the High Court finding the case of the prosecution to be proved convicted the petitioner, as already mentioned, under section 302, P.P.C. And further finding no extenuating circumstance for the double murder sentenced him to death. Hence this petition for leave to appeal by the petitioner, through Jail.
6. The petitioner, in pursuance of his written request for a personal audience, is present in Court.
The widows of both the deceased persons as well as Mr. M. Munir Piracha, the learned counsel for the complainant (Yar Muhammad), are also present. We have heard Mr. Ghulam Dastgir, learned counsel for the petitioner and Mr. M. Munir Piracha for the complainant. The petitioner's oral submission has also been taken into consideration and the judgments of the Courts below have also been carefully perused.
7. At the trial, Mst. Arshad Begum (P.W.9), widow of Hafiz Rab Nawaz (deceased), and Amir Muhammad (P.W.11), furnished the ocular account of the incident. The motive was also given by Mst. Arshad Begum (P.W.9). Dr.Asghar Hamid (P.W.1), who performed the postmortem examination upon the dead bodies of the deceased and also examined the petitioner on whose person there were six injuries, which could be caused by brickbats, has also been considered.
8. The petitioner, denied all the accusations that were leveled against him, including the recoveries alleged to have been effected at his instance, but admitted that he was engaged as "Khadam" of the Village Mosque on a monthly salary of Rs,100. As regards the injuries on his person, he stated that these were caused during the scuffle in separating Painda Khan (deceased) and Hafiz Rab Nawaz (deceased). In answer to the question why the case had been initiated against him, he stated as follows:- "Hafiz Rab Nawaz (deceased) was a man of immoral character. He developed illicit relations with Mst. Sabra, daughter of Painda Khan (deceased). When Painda Khan (deceased) came to know of it, he reprimanded Hafiz Rab Nawaz (deceased) on the day of occurrence. On this Hafiz Rab Nawaz (deceased), flared up and caused injuries to Painda Khan (deceased). During this, Yar Muhammad (P.W.) and his other relatives came there, who injured Hafiz Rab Nawaz (deceased) and then put his body to the thorny bushes and set it on fire to punish a person of immoral character to the worst. I am a poor barbar and Kamin of the village. I was already involved in another murder case.
The relatives of both the deceased wanted to hush up their respective faults and wanted to involve me for the purpose. I was made target for it on account of my regards to the village people and their sentiments, I could not much resists".
9. We have no hesitation in rejecting the case which the petitioner has tried to set up. On the other hand the case of the prosecution has been proved beyond any reasonable doubt by the statements of Mst. Arshad Begum (P.W.9) and Amir Muhammad (P.W.11). The Medical Evidence and recoveries also corroborate their version. The petitioner, merely because of a dispute over the non- payment of his remuneration for two months (amounting to Rs,200) took the law into his own hands and not only murdered a Hafiz-e-Quran and the Imam of the Village Mosque by inflicting Sota blows on his person but went on to set his body on fire and disfigure it. He then also killed another innocent man (Painda Khan) who protested at his atrocious conduct and began cursing him for acting in such a manner.
' The petitioner has been rightly convicted and sentenced for the brutal murder of two innocent persons. This petition, which is without merit, is therefore rejected.