SAIDUZZAMAN SIDDIQUI, J.---Abid Pervaz, respondent No. l in Criminal Petition No. 116-L of 1994 and petitioner in Jail Petition No.57 of 1994 was tried, alongwith five others under section 302, P.P.C. By the Additional Sessions Judge, Khanewal for committing murder of one Ijaz. By judgment dated 12- 1-1991 the Trial Court found Abid Pervez guilty of offence under section 302, P.P.C. And sentenced him to death with fine of Rs.10,000 and in default of payment of fine to undergo R.I. For to years. Co- accused Rahim Bakhsh was found guilty under section 326, P.P.C and he was convicted under that section and sentenced to 4 years' R.I. With fine of Rs.20,000 and in default of payment of fine to undergo R.I. For six months. Zubaida and Mst. Ferozi the other lady co-accused were found guilty under section 323, P.P.C. And were awarded sentence for the period they were already under detention in the case. Co-accused Mushtaq and Phool Khan were acquitted in the case. All the four convicted accused in the case appealed against their conviction and sentences before the High Court. The Trial Court also made reference for confirmation of the death sentence awarded to respondent No. l Abid Pervez. The complainant also filed a Revision Application for enhancement of the sentence awarded by the Trial Court to accused Rahim Bakhsh, Mst. Zubaida and Mst. Ferozi and against the acquittal of Mushtaq and Phool Khan by the Trial Court. All 3 matters were heard by the High Court together and by judgment dated 8-2-1994 the High Court partly allowed the appeal of respondent No. l Abid Pervaz and while maintaining his conviction under section 302, P.P.C. Converted the death sentence to life imprisonment. Abid Pervaz was also directed to pay fine of Rs.10;000 and in default to undergo R.I. For 2 years. The entire amount of fine on realization was directed to be paid to the legal heirs of deceased Ijaz as compensation under section 544-A, Cr.P.C. The conviction and sentence of Rahim Bakhsh were maintained and in addition to that he was also directed to pay Rs.3,000 as compensation to injured P.W. Riaz under section 544-A, Cr.P.C.
Or in default to undergo 6 months' R.I. The fine of Rs.2,000 awarded by the Trial Court also ordered to be paid as compensation to P.W. Riaz on realization. The conviction and sentence of Mst. Ferozi awarded by the Trial Court was maintained but that of Mst. Zubaida was set aside as the injured P.W. Bashir who allegedly suffered injuries at the hands of Mst. Zubaida was not produced at the trial by the prosecution.
2. The complainant Fayyaz has filed Criminal Petition No. 116-L of 1994 seeking leave to appeal against the judgment of the High Court converting the death sentence of Abid Pervaz into life imprisonment and rejecting his revision application for enhancement of the sentences of Rahim Bakhsh and Mst. Ferozi and against the acquittal of Mst. Zubaida by the High Court. However, at the hearing of the petition, the learned counsel for the petitioner only pressed his petition against the judgment of the High Court in so far it related to the conversion of sentence of Abid Pervez by the High Court from death to imprisonment for life.
3. In support of the petition, the learned counsel for the petitioner contended that there was no mitigating circumstances in the case so as to warrant the conversion namely, penalty of death awarded by the Trial Court in the case to imprisonment for life.
4. The learned Judges of the High Court while refusing to confirm the death sentence in the case and converting the same into life imprisonment gave the following reasons in the impugned judgment:-- "15. In view of the foregoing discussion the conviction being unexceptional we partly allowing the appeal alter the death sentence of appellant No. l to imprisonment for life, for the ,reasons he having caused a single blow and the females of his family also receiving injuries in the occurrence; the origin of the fight also being shrouded in mystery and lastly the motive being trivial. Appellant No. l Abid Pervez is also sentenced to pay Rs.10,000 as fine and in default thereof he will have to undergo to years' R.I. In case of realization the whole amount of fine shall be paid to the legal heirs of Ijaz deceased as compensation as provided under section 544-A, Cr.P.C."
5. The above reasoning given by the learned Judges of the High Court prima facie does not appear to be in accord with the last sentence of paragraph 14 of the impugned judgment, where they observed as follows:-- "It was a premeditated and brutal murderous attack on the complainant party, as a result of which one person was killed while others were seriously injured."
6. It is also contended by the learned counsel for the petitioner that the motive as alleged by the prosecution was believed by the Trial Court and the learned Judges of the High Court did not disagree with the finding of the Trial Court on the issue of motive in the case and as such the observation of the learned Judges that the origin of fight remained shrouded in mystery, is not in accordance with the earlier discussion by the learned Judges on the question of alleged motive.
The contention raised by the learned counsel requires examination and we, accordingly, grant leave to appeal to consider the same.
7. There is also a jail petition in the case preferred by Abid Pervaiz, one of the convicts in the case.
The jail petition will also be considered alongwith Criminal Petition No. 116-L of 1994 in which we have granted leave to appeal to consider the propriety of the sentence awarded by the High Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.