' FAQIR MUHAMMAD KHOKHAR, J.---The petitioners seek leave to appeal from judgment, dated 24- 8-1999 passed by the Lahore High Court, Bahawalpur Bench, whereby Criminal Appeals. Nos.79, 80, 81 and 94 of 1995 filed by the petitioners were dismissed and Murder Reference No,17 of 1995 to the extent of Iftikhar Ahmed petitioner was answered in the negative.
2. The facts in brief giving rise to the institution of this petition are that F.I.R. No,40 dated 16-6-1993, Exh.P.E. Was registered for an offence under sections 302, 449, 148 and 149, P.P.C. At Police Station Ghamandpura, District Bahawalnagar at the instance of Muhammad Akram P.W.4 (the petitioner in Criminal Petition No,682-L of 1999) in respect of triple murder of Muhammad Aslam, Hakim Ali and Muhammad Akhtar and causing injuries to Mst. Noor Bakht and Malkera P.Ws. The petitioners Muhammad Jahangir, Muhammad Latif, Iftekhar Ahmed, Sukhera, Yousaf, Usman and an unknown person, all armed with guns, were named as accused. Muhammad Latif petitioner-convict was also found near the place of occurrence in an injured condition alongwith his gun.
3. The motive for the offence as disclosed by the petitioner/complainant Muhammad Akram was that Iftekhar petitioner wanted to marry Mst. Muniran, a divorcee from Jehangir petitioner, who got married to Hakim Ali deceased.
4. The learned Sessions Judge, Bahawalnagar by judgment dated 29-10-1995 believed the prosecution case to the exent of the petitioners Muhammad Jehangir, Muhammad Latif, Iftekhar Ahmed and one Muhammad Yousaf, convicted and sentenced them as under:--
(i) Iftikhar Ahmad accused was convicted under section 302/34, P.P.C. And sentenced to death and a fine of Rs,50,000. In default in payment of fine to undergo rigorous imprison for one year
(ii) Muhammad Jahangir accused was convicted under section 302/34, P.P.C., and sentenced to death and a fine of Rs,50,000 on two counts and life imprisonment and a fine of Rs,50,000. In the event of default he was to suffer rigorous imprisonment for one year. He was also convicted under section 449/34 and sentenced to ten years' R.I. And a fine of Rs,30,000. In default in payment of fine he was to suffer six months' R.I.
(iii) Muhammad Latif accused was convicted under section 302/34, P.P.C. And was sentenced to imprisonment for life on three counts and a fine of Rs,50,000. He was further convicted under section 449/34, P.P.C.And sentenced to 10 years' R.I. And a fine of Rs,30,000. In default in payment of fine he;was to further undergo rigorous imprisonment for six months. He was also convicted under section 337-F(v), P.P.C. And sentenced to five years' R.I. And a fine of Rs,10,000. In default to undergo rigorous imprisonment for three months.
(iv) Muhammad Yousaf was convicted under section 302/34, P.P.C. And sentenced to life imprisonment and a fine of Rs,50,000 on three counts. In default in payment Of fine to further undergo for one year R.I. He was also convicted under section 449/34, P.P.C. And sentenced to 10 years' R.I. And a fine of Rs,30,000. In the event of default to undergo for six months' R.I.
' The other co-accused Muhammad Ismail, Muhammad Sharif and Hafiz Noor Ahmed were acquitted from the case. The trial Court also referred the matter to the High Court by Murder Reference No,17 of 1995 for confirmation or otherwise of death sentence of the convicts.
5. The Criminal Appeals Nos.79, 80 and 81 of 1995 were filed in the Lahore High Court by the aforesaid convicts against their conviction and sentences. The petitioner/complainant Muhammad Akram also filed Criminal Appeal No,94 of 1995 against the acquittal of Muhammad Ismail, Muhammad Sharif and Hafiz Noor Ahmed. All the criminal appeals and murder reference were heard together by a learned Division Bench of the High which by the impugned judgment dated 24-8-1999 dismissed all criminal appeals of the petitioners and answered the Murder Reference, to the extent of Iftekhar Ahmed convict in the negative. The conviction of accused convicts as recorded by the trial Court was maintained by the Lahore High Courts, However, the sentence of death of Iftikhar Ahmed petitioner was converted into imprisonment for life with a fine of Rs,1,00,000 to legal heirs of each of the deceased recoverable as arrears of land revenue. The sentence of death awarded to Muhammad Jahangir petitioner was confirmed.
6. The learned counsel for the convict Muhammad Jahangir petitioner in Jail Petition No,248 of 1999 vehemently argued that from the evidence on record it was not ascertainable as to which of the accused convicts had caused fatal injuries particularly when some of the accused had already been acquitted and the others were awarded the sentence of life imprisonment. In the absence of any specification of injuries attributable to any particular accused, the impugned judgment confirming the death sentence of the said petitioner was not sustainable. It was further submitted that the case of the petitioner Muhammad Jahangir was not distinguishable from that of Iftekhar Ahmed and Muhammad Latif who were awarded lesser sentence.
7. With the assistance of learned counsel for the petitioner we have carefully gone through the ocular testimony furnished by the complainant Muhammad Akram P.W.4, Muhammad Ishaq P.W.14 and injured eyewitnesses Mst. Noor Bakht P.W.15 and Malkera P.W.16. The petitioners-convicts in their examination under section 342, Cr.P.C. Denied the charge against them and pleaded, their false involvement in the case on account of enmity. Inspector/Investigating Officer Feroz Ahmed P.W.18 testified about various steps taken by him for the purpose of investigation of the case. All the eye-witnesses of the occurrence in their statement before the trial Court supported the prosecution case against the convict petitioners beyond any shadow of doubt. Dr. Shamshad Hussain P.W.5, Dr. Muhammad Nadeem P.W.6, Dr. Afzal Ahmad Bashir P.W.8 and Dr. Muhammad Javed Akhtar P.W.12 also corroborated the case of the prosecution qua the injuries on the person of the deceased, convict Muhammad Latif and the injured eyewitnesses Mst. Noor Bakht P.W.15 and Malkera P.W.16.
8. The case against the convict petitioners stands proved from the evidence on record. The impugned judgment does not suffer from any legal or factual infirmity in any respect.
9. In this view of the matter, the conviction and sentences of the petitioners Muhammad Jahangir, Muhammad Latif and Iftekhar Ahmed are justified on the record of the case. The impugned judgment does not call for any interference by this Court. No one has appeared in support of Criminal Petition No,682-L of 1999 filed by Muhammad Akram, complainant P.W.4.
10. Resultantly, the petitions filed by the convict-petitioners as well as Criminal Petition No,682-L of 1999 filed by the complainant Muhammad Akram are dismissed as being devoid of merit. The conviction and sentences as awarded and modified by the Lahore High Court by the impugned judgment are maintained. The sentence of death awarded to Muhammad Jahangir petitioner is also confirmed.