1. ' SAIDUZZAMAN SIDDIQUI, J.---Noor Muhammad petitioner along with his father Khan was tried for the murder of Mst. Zarina Bibi and Mst. Riaz Bibi aged 20 years and 35 years respectively, by the Sessions Judge, Jhang. Noor Muhammad was awarded death sentence on two counts and fine of Rs,20,000 on each count and in default of payment of fine to undergo 6 months' S.I. On each count.
2. Half of the fine on realization was ordered to be paid to the legal heirs of the deceased under section 544-A, Cr.P.C. Noor Muhammad was also sentenced under section 452/34, P.P.C. For two years' R.I. With fine of Rs,1,000 and in default of payment of fine to undergo simple imprisonment for 2 months. Khan son of Pir Bakhsh, father of petitioner Noor Muhamamd was also convicted under section 302/34, P.P.C. On two counts and was awarded life imprisonment with fine of Rs,10,000 on each count or in default of payment of fine to undergo simple imprisonment for six months. The fine on recovery was ordered to be paid to the legal heirs of the deceased. He was also convicted under section 452/34, P.P.C., and sentenced to 2 years R.I. With fine of Rs,1,000 or in default to undergo simple imprisonment for 2 months. The sentences of imprisonment awarded to Khan petitioner were to run concurrently and benefit of section 382-B, Cr.P.C. Was also extended to him.
3. ' A learned Division Bench of Lahore High Court while hearing criminal appeal filed by the petitioners and the murder reference made by the learned Sessions Judge, confirmed the death sentence awarded to Noor Muhammad petitioner and also maintained the conviction and sentences awarded to the co-accused/petitioner Khan under sections 302/34, P.P.C. And 452/34, P.P. C .
4. ' The incident in the case had taken place on 3-7-1990 at about 3-00 p.m. In the house of the complainant. Matter was reported to the police at about 04-25 p.m. The same day by the mother of the deceased Mst. Saleem Khatoon. Noor Muhammad petitioner was apprehended at the spot and was produced before the police alongwith the blood-stained Churri and blood-stained clothes were also taken into possession by the police at the same time. The co-accused Khan was, however, arrested on 15-7-1990. Churn recovered from the petitioner Noor Muhammad was found stained with human blood while knife recovered at the instance of co-accused Khan was not found blood-stained. The motive in the case was alleged to be a request made by the petitioner Khan to the mother of the two deceased for giving the hands of two girls (deceased in the case) his two sons (the petitioner Noor Muhammad and Mazhar Ali ) which was refused by the mother of the deceased. The incident was witnessed by the complainant Mst. Saleem and Ghulam Muhammad, who is son-in-law of the complainant's brother. The prosecution evidence in the case was of positive nature and the two eye-witnesses stood the test of cross-examination and nothing could be brought on record to suggest that they had motive to involve the 2 accused in the case falsely.
5. The two Courts below analyzed the prosecution evidence in the case which found corroboration from the medical evidence and recovery of bloodstained Churri seized from the petitioner Noor Muhammad, on the spot along with blood-stained shirt and Shalwar and blood-stained ' Patka' of Noor Muhammad. The presence of eye-witnesses on the spot was natural as the incident had taken place in the house of the complainant. The two Courts below, therefore, rightly reached the conclusion that the prosecution had succeeded in establishing the case against the accused persons beyond reasonable doubt. However, as no recovery was effected from the co-petitioner, Khan, in the case, the Courts below awarded him only life imprisonment on two counts besides sentencing him to 2 years R.I. Under section 452/34, P.P.C. To the extent of Khans' s case, therefore, we find no infirmity in the judgment of the High Court and, accordingly, dismiss his petition.
6. However, we are inclined to grant, leave to appeal in the case to the extent of examining the propriety of sentence of death awarded to petitioner Noor Muhammad in the case for the reasons, that the motive alleged against him by the prosecution witnesses was three years' old and for all these three years no untoward incident had taken place between the parties and the prosecution failed to disclose the immediate cause for the incident. It is also the case of prosecution that at the time of commission of the offence, the accused Noor Muhammad was accompanied by his father Khan and therefore, possibility of Noor Muhammad acting under the influence of his father at the time of commission of offence could not be totally ruled out. The leave is, accordingly, granted to consider the propriety of the sentence awarded to Noor Muhammad in the case in light of the abovementioned circumstances. Leave is refused in the case of Khan son of Pir Baldish.