' NAIMUDDIN, J.--This is a petition for leave to appeal from jail by Noor Muhammad, who was convicted by the Additional Sessions Judge-V, Sahiwal, under section 302, P.P.C. For committing the murders of Mst. Sharifan, Mst. Hanifan, Mst. Sardaran and Inayat Khan deceased and sentenced to death on four counts and a fine of Rs,2,000 on each count and in default of payment of fine, he was ordered to suffer R.I. For a period of one year on each count. It was further ordered that the fine, if recovered, shall be paid to the heirs of the four deceased.
2. The petitioner preferred an appeal against his conviction and sentence to the Lahore High Court, Lahore Bench. The reference also came up for consideration alongwith the appeal. The High Court, while dismissing the appeal, confirmed the death sentence passed on the petitioner and also maintained the sentence of fine imposed by the trial Court.
3. The petition is barred by time by 193 days. The petitioner seeks condonation of the delay, which is condoned for the reasons stated in the petition.
4. The prosecution story in brief is that the petitioner asked Muhammad Yar (complainant), his nephew to bring fodder from the field whereupon Mst. Hanifan, the mother of Muhammad Yar said that he (petitioner) himself should bring the fodder. This led to an altercation in which Mst. Sharifan and Mst. Sardaran sided with Mst. Hanifan, their sister and daughter respectively. The petitioner injured the three women with a sota, who fell down on the ground. He then injured Mst. Sardaran with Aar (poker) on her head. Therefter the petitioner injured the three women with a Kulhara and caused their death. He also murdered Inayat Khan, his father-in-law, after chasing him in the Berseem field of Aslam Lambardar. Meanwhile, on the alarm raised by Muhammad Yar, Sardar Khan Pathan P.W.9 was attracted to the spot, who witnessed the murder of four persons. Aslam Lambardar and Pir Shakoh Muhammad are also alleged to have witnessed the occurrence as regards the murder of Inayat Khan (both not produced). The motive for the occurrence is stated to be suspicion of the petitioner regarding bad character of Mst. Sharifan and Mst. Hanifan with the aid and consent of Mst. Sardaran and Inayat Khan.
5. The petitioner's conviction is based on motive, ocular evidence of Muhammad Yar (P.W.4), who had lodged the F.I.R. And who is the son of Mst. Hanifan deceased, Sardar Khan P.W.9, Manzoor P.W.8, who was not named in the F.I.R., medical evidence and recoveries (so far as the petitioner is concerned) mainly of blood-stained clothes, i,e., Shirt and Chadar Exhs. P.14 and 15, blood stained Kulhara Exh. P.13, and three pieces of Danda Exh. P.16/1-3.
6. The motive, as stated by Muhammad Yar, was that Sardar Khan P.W.9 was carrying on with Mst.
Sharifan, his maternal-aunt with the aid or connivance of the two deceased women and Inayat Khan deceased, who is stated to be an eye-witness of the whole incident. If the motive alleged is correct, the very fact that no attempt was made by the petitioner to harm or injure Sardar Khan, makes his presence at the spot doubtful, he being the only cause for the murder of four persons.
The recoveries also become doubtful for they have been attested by Sardar Khan. So far as the evidence of Muhammad Yar is concerned, he disowned the F.I.R. And version given therein. He was, therefore, declared hostile. The only evidence that remains is that of Manzoor P.W.8, who was of tender age and whose mother, aunt, grandmother and grandfather had been murdered.
Furthermore, his name does not appear in the F.I.R. The question, in the above circumstances, is whether the testimony of Muhammad Yar, Manzoor and Sardar Khan P.Ws. 4, 8 and 9 respectively, is sufficient to establish the murders of four persons by the petitioner particularly in view of the fact that the murder of Inayat Khan took place in the Berseem field of Aslam Lambardar who (the lambardar) and Pir Shakoh Muhammad are stated to be present near the field and apprehended the petitioner alongwith the Kulhara both of whom have not been produced.
7. All the above aspects, inter alia, when viewed in the light of evidence on record that Mst. Sharifan had left her husband namely Waryam and was staying in her parental house where she was carrying on with Sardar Khan and the statement of the petitioner that it was Waryam, who might have killed the four deceased because he had a real cause, in my opinion make it a fit case for grant of leave in order to see that the principles of safe administration of justice have been adhered to in this case. Order accordingly.
' ZAFFAR HUSSAIN MIRZA, J.--I agree.
' ORDER OF THE BENCH Leave to appeal is granted.