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2002 SCMR 1880

ZAHID HUSSAIN vs THE STATE

Citation2002 SCMR 1880
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,45-L of 2002 Criminal Appeal No,225 of 1997
Date2002-04-04
Judge(s)Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh
ResultPetition dismissed

' MUNIR A. SHEIKH, J.---The petitioner alongwith Majid Aftab co accused were tried under section 302, P.P.C. For the murder of Muhammad Munir son of complainant Muhammad Sharif and causing injuries to others. The incident took place on 5-6-1992 at about 11-30 a.m. According to prosecution version the complainant alongwith his daughter Mst. Farzana and nephew Muhammad Yousaf were sitting in the veranda of his house. Muhamamd Munir son of the complainant, Mst. Sakina Bibi wife of the complainant and Mst. Razia Bibi daughter of the complainant were sitting on the roof of their house under the shade of Beni tree. Zahid Hussain alias Mithu accused while standing on the roof of his brother Muhammad Din's house fired with his air-gun at the birds sitting on the Beni tree and consequently one sparrow was shot down. Thereupon, Zahid Hussain alias. Mithu trespassed into the house of the complainant for laying his hand upon the said sparrow. Muhammad Munir objected to said firing with the air-gun at the hands of Zahid Hussain and consequently abuses were exchanged between Zahid Hussain and Muhammad Munir. Zahid Hussain was pushed out of the house upon which he threatened W take revenge of his said insult. The ocular account has been furnished by Razia Bibi P.W.8 and Sakina Bibi P.W.9 who were admittedly injured in this incident. Their evidence was corroborated by another eye-witness Farzana who 'appeared as P.W.10 and the complainant Muhammad Sharif himself who appeared as P.W.11. The ocular account as given by the witnesses has been fully corroborated by the medical evidence.

2. There is no serious dispute about the occurrence as the petitioner took plea of self-defence by saying that when he had entered into the house of the complainant he inflicted a Churri blow, which hit Muhammad Munir to save his life as he had been strangulated by the deceased.

3. After going through the evidence produced by the prosecution along with other material in particular medical evidence and unproved plea of self-defence taken by the petitioner we are satisfied that the prosecution has brought home guilt to the petitioner beyond reasonable shadow of doubt. The plea of self-defence raised by the petitioner has not been proved besides it does not inspire confidence.

4. The petition has no merits, therefore, it is dismissed and leave refused.

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