' KHALIL-UR-REHMAN RAMDAY, J.---This petition calls in question the judgment dated 1-8-2001 passed by the Lahore High Court, Multan Bench, Multan in Criminal Appeal No,193 of 1998 whereby one Bakhtawar alias Bakha, convicted by the learned Trial Judge under section 302, P.P.C. And punished inter alia with death, was acquitted of the said charge.
2. One Nazir Ahmed complainant had alleged through F.I.R. No,130 dated 10 5-1995 of Police Station Ghazi Abad of District Sahiwal that on the night between the 9th and the 10th of May, 1995 his brother Haq Nawaz was sleeping in the cattle shed constructed by him in Square No,45; that at about 5-00 a.m. The complainant went out of his house to ease himself when he heard alarm originating from the above mentioned cattle shed of his brother, that the complainant rushed towards the same and saw Ahmed Yar, Mst. Ghulam Fatima and Bakhtawar out of whom the said Bakhtawar was armed with a rifle, standing near the cot of his brother Haq Nawaz; that Ahmed Yar accused at that juncture asked Bakhtawar to fire the shot who obliged as a result of which Haq Nawaz deceased received a fire-arm injury on his front chest; that in the meantime Naseer (given up) and Zahoor P.W.7 also reached the place of occurrence; that the assailants then ran away from there and when the complainant and others reached near Haq Nawaz, he had already died.
3. The motive disclosed by the complainant which had led to the murder of his brother Haq Nawaz was that Mst. Ghulatn Fatima who was the wife of Haq Nawaz deceased had developed illicit relations with Bakhtawar accused; that the deceased used to ask Ghulam Fatima and Bakhtawar accused to mend their ways and it was in order to eliminate the said deceased that the accused persons had done him to death.
4. Before proceeding any further, it may be mentioned here that as has been noticed-above, Mst.
Ghulam Fatima was the wife of Haq Nawaz deceased and it may be added that Ahmed Yar accused was a 21/22 years old son of the said Haq Nawaz deceased. Both these accused persons were acquitted by the learned Trial Judge while the third accused was acquitted by the High Court.
5. The reasons which had weighed with the Hon'ble High Court in acquitting Bakhtawar accused were that it was not believable that a grown-up son would join hands with his mother and with a paramour of his mother to kill his own father; that 5-00 a.m. On the day of occurrence was the sunrise time when according to the prosecution the people have generally woken up and had already commenced normal pursuits of life which is evident from the fact that the complainant was out to ease himself while the other eyewitnesses namely Zahoor Hussain was putting fodder to his cattle and that it is not reasonably believable that the accused would select a time to kill the deceased when the neighbourhood had already woken up; that both the eye-witnesses being a brother and maternal cousin of the deceased were not only closely related to the said deceased but were even otherwise chance witnesses of the occurrence in question who had stereotype explanation for their presence near the place of occurrence at the relevant time; that the deceased was still lying on his cot and the solitary shot fired at him had allegedly been fired after the complainant had got attracted to the place of occurrence on hearing alarm coming from the place of occurrence; that no injury had been caused to the deceased and not even a LALKARA had been raised by the assailants before complainant had got attracted to the spot and it is thus not understandable as to on account of which alarm and noise, the complainant and P.W.7 had got attracted towards the, venue of occurrence; that there was a definite indication from the report of the post-mortem examination that the deceased had been killed well before sunrise; that it was available on record that at least 8/9 children had been born out of wedlock of Ghulam Fatima accused with Haq Nawaz deceased and the youngest child according to the defence was less than one month old and according to the P.Ws. Was about a year old which indicated normal relations between the deceased and his accused wife and that there was no evidence at all of estrangement of relations ever between the deceased and his wife and that in the circumstances it could not be said that the prosecution had been successful in proving its case against Bakhtawar accused beyond all doubts.
6. We have gone through the record in the light of the submissions made by the learned counsel for the complainant/petitioner and find that the conclusions reached by the Honourable High Court and the reasons offered therefor were unexceptionable. In this view of the matter, we find no merit in this petition which is accordingly dismissed. .