' MIAN MUHAMMAD AJMAL, J.---By this common judgment we propose to dispose of Criminal Petitions Nos.242-L of 2001 and 265-L of 2001 as they have arisen out of common judgment and involve identical questions of law and facts.
2. Succinctly stated the facts of the case are that Muhammad Boota, petitioner in Criminal Petition 242-L of 2001 alongwith his co-accused Abdul Hameed, Faryad Ali, Jalal Din, Muhammad Idrees and Muhammad Amin was tried under sections 302/148/149, P.P.C. By the learned Sessions Judge, Narowal for the murder of Muhammad Iqbal. The prosecution in order to prove its case produced 11 witnesses. The petitioner, in his statement under section 342, Cr.P.C. Denied the allegations levelled against him, however, he admitted the firing on Muhammad Iqbal deceased on the plea of self- defence. Other accused in their statements denied the allegations and claimed innocence. On conclusion of the trial, the learned trial Judge convicted the petitioner under section 302, P.P.0 and sentenced him to death and to pay compensation of Rs,1,00,000 to the legal heirs of the deceased under section 544-A, Cr.P.C. Or in default thereof to undergo six months' imprisonment vide his judgment dated 31-7-1995. By the same judgment, co-accused of the petitioner were acquitted by giving them the benefit of doubt.
3. Muhammad Boota, convict-petitioner challenged his conviction and sentence before the Lahore High Court, Lahore through Criminal Appeal No,533 of 1995. The complainant filed Criminal Appeal No,584 of 1995 against the acquittal of the other accused. The trial Court sent Murder Reference No,256 of 1995 for confirmation of the death sentence awarded to Muhammad Boota. A learned Division Bench of the Lahore High Court, Lahore observed that the injuries received by the deceased might be the result of one fire shot which was attributed to Muhammad Boota, therefore, trial Court had rightly given benefit of doubt to the co-accused of the petitioner. The death sentence of Muhammad Boota was confirmed and Murder Reference was answered in the affirmative. The appeal filed by Muhammad Boota against his conviction and sentence and the appeal filed by the complainant against acquittal of other accused were dismissed vide judgment dated 22-3-2001. Muhammad Boota has challenged his conviction and sentence through Criminal Petition No,242-L of 2001 whereas Muhammad Ashraf, the complainant has tiled Criminal Petition No,265-L of X001 against the acquittal of co-accused of the petitioner, Muhammad Boota.
4. We have heard the learned counsel for the petitioners in both the petitions and have gone through the record of the case. According to the F.I.R. Muhammad Boota petitioner was armed with 12 bore gun whereas Faryad with revolver, Abdul Hamid with carbine, Jalal Din empty-handed, Yasin with 222 bore rifle and Idrees with carbine, who on Lalkara of Jalal Din attacked Muhammad Iqbal. Muhammad Boota fired at Muhammad Iqbal on his chest whereas Abdul Harneed fired with carbine which also hit on his chest. It was also alleged that the other accused also fired.
5. The medical report does not support the prosecution story in its entirety as according to Dr. Muhammad Asif Khan P.W.7, Muhammad Iqbal deceased had sustained two injuries on his chest measuring .75 x .75 each which according to the Doctor may be the result of a single shot. Keeping in view the medical evidence and sifting the evidence in the light thereof the trial Court was justified to hold that the death of Muhammad Iqbal was a result of single shot of Muhammad Boota petitioner. The petitioner's plea of self-defence was disbelived by both the learned Courts below and rightly so as the same was held to be afterthought and concocted. The learned High Court also on appreciation of the evidence came to the same conclusion and as such while dismissing the appeal of the convict-petitioner also dismissed the appeal against the acquitted accused filed by the complainant.
6. We do not find any misreading of evidence, therefore, both the petitions are dismissed.