MIAN BURHANUDDIN KHANJ--Lal Khan and his sons Muhammad Sharif, Muhammad Latif and Muhammad Hanif, all residents of Muhallah Kot Khan Muhammad, People Colony, Faisalabad were tried by the learned Additional Sessions Judge, Faisalabad under section 302/307/452 read with section 34, P.P.C. For committing the murders of Murad A.I and Yousaf A.I and for attempting on the lives of Shaukat A.I, Mst. Fateh Bibi and Mst. Nazir Fatima, after committing trespass in their house; accused /petitioners Muhammad Sharif, Muhammad Latif and Muhammad Hanif were convicted under section 302/34, P.P.C. For causing the double murder of the above-named two deceased; Muhammad Sharif and Muhammad Latif were sentenced to death and fine of Rs.5,000 each and Muhammad Hanif was awarded imprisonment for life and fine of Rs.5,000 these three accused /petitioners were also sentenced to 10 years' R.I. And fine of Rs.5,000 each for making murderous assault upon Shaukat A.I P W.8 and Mst Fateh Bibi P W 9 and were sentenced to suffer 4 years' R.I, and fine of Rs.2,000 each under section 452, P.P.C. Sentences of death passed on Muhammad Sharif and Muhammad Latif were ordered to be executed after confirmation by the High Court; while Lal Khan, father of the accused/ petitioners, was acquitted vide judgment of the learned trial Court, dated 24-6-1984.
All the convicts filed appeal before the Lahore High Court which was dismissed vide the impugned order, dated 25-11-1985 maintaining the conviction and sentences of the accused /petitioners and confirming the death sentences awarded to Muhammad Sharif and Muhammad Latif, accused /petitioner.
2. The crimes were committed on 5-10-1982 at about 1-00 mid-night in the house of Murad A.I and Yousaf A.I deceased in the area of Chak No. 231/GB at a distance of 3 miles from Police Station Satiana, District Faisalabad. The occurrence was reported to the police by Shaukat A.I P.W. 8 who had sustained bullet injuries at the hand of Muhammad Hanif accused /petitioner.
3. Regarding the motive, it has been alleged that Murad A.I deceased and Lal Khan, acquitted accused were real brothers; Yousaf A.I deceased was son of Murad A.I deceased; Mst. Afzal Bibi wife of Yousaf A.I deceased is daughter of Lal Khan and sister of the accused /petitioners; in return, Mst.
Bilqees Begum the daughter of Murad A.I and sister of Yousaf A.I, deceased, was married to Muhammad Hanif accused /petitioner. However, their relations became strained. Mst. Bilqees Begum came back to the house of her father Murad A.I deceased and filed a suit for dissolution of marriage against her husband Muhammad Hanif accused /petitioner. Out of this wedlock a son Sheraz Gul was born who was the cause of immediate grievance as the boy was taken away by the accused /petitioner and was not being returned to his mother.
4. Dr. Capt. Mumtaz Ahmad performed the post-mortem examination on the dead body of Murad A.I deceased and found seven incised wounds of different dimensions on various parts of the body, caused by sharp-edged weapon.
5. The same doctor performed the post-mortem examination on the dead body of Yousaf A.I deceased and found as many as seventeen incised wounds of various dimensions on different parts of the body, caused by sharp-edged weapon.
6. Dr. S.M. Mohsin Hashmi, medically examined Shaukat A.I P.W. 8 and found a gun-shot lacerated wound 5 mm x 5 mm x 3 c. m. Over the front of his right thigh in upper part.
7. The same doctor also medically examined Mst. Fateh Bibi and found an incised wound over her left palm and another incised wound over the front of the middle phalanx of the left middle finger.
8 The prosecution case is supported by Taj Muhammad P.W. 10 who reached the spot on the uproar of the complainant and saw the accused/ petitioners, armed with pistol and knives attacking the two deceased and other inmates of the house.
9. Out of the above-named three accused/ petitioners Muhammad Hanif has taken the responsibility of committing the said offences on himself alone, and has taken up the plea that his wife Mst. Bilqees Begum was a woman of easy virtue and had a liaison with one Shafqat Shah. He learnt that Shafqat Shah was permanently residing In the house of Murad All deceased. In order to satisfy himself about the character of his wife Mst. Bilqees he, armed with a knife and revolver, scaled over the wall of the house of Murad A.I deceased and found his wife Mst. Bilqees Begum and Shafqat Shah in a compromising position on a cot. He raised a Lalkara and attacked them but they made good their escape; that in the meantime Murad A.I deceased assaulted him, and, he, therefore, injured Murad A.I with knife; thereafter, Yousaf A.I deceased appeared and threw him on the ground, and, hence, in order to save himself, he caused knife injuries to Yousaf A.I. He further alleged that Mst. Fateh Bibi and Mst Nazir Fatima also received injuries during the scuffle when they tried to apprehend him; that he did all this due to 'Ghairat' and that the other accused /petitioners were not present with him.
10. Learned counsel for the petitioners seeks leave to appeal on the grounds that the defence version given by Muhammad Hanif finds support from the surrounding circumstances of the case, that the plea of Muhammad Hanif is supported by the defence evidence which was not given due weight by the trial Court and, the learned High Court Judges completely ignored the same; that in the circumstances of the case the element of provocation and self-defence is spelt out by the evidence on record and the attending circumstances.
11. We have gone through the evidence and the impugned judgment and find no weight whatsoever in the arguments of the learned counsel for the petitioners. Each one of the two deceased had numerous stab wounds which cannot be caused by one assailant alone; and, strangely enough Muhammad Hanif, accused /petitioner has not caused even slightest harm to his wife Mst. Bilqees Begum and her paramour. Thus, we find that this petition merits no consideration and the same is, consequently, dismissed.