' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment, dated 17-7-2001 passed by Lahore High Court, Bahawalpur Bench whereby Criminal Appeal filed by petitioner has been dismissed and while maintaining the conviction of the respondents the sentence of death awarded to them was altered to life imprisonment.
2. Briefly stating the facts of the case as gleaned from F.I.R. No,21 of 1996, Exh.P.A. Got recorded by petitioner at Police station, Pacca Laran, District Rahimyar Khan are that complainant alongwit his brother Muhammad Aslam, Ashfaq Ahmad son of Abdul Khaliq d Abdul Ghaffar son of Rasool Bakhsh residents of the same Mauza were sitting in the shop known as Hasan Medicos, Amin Road, Pacca Laran. According to him his brother Muhammad Hasan alias Hasni was sitting on a bench in front of his medical store and was reading newspaper when all of a sudden accused Sharif Ahmad and Bashir Ahmad residents of the same locality armed with hatches emerged there from Dewan Khan Wali Lane. Both the accused inflicted hatchet blows on the head, neck and chin of Muhammad Hasan, who after receiving injuries fell down on the ground. He (the complainant) and others tried to apprehend the accused but they fled away while brandishing their weapons and extending threats of dire consequences. Muhammad Hasan succumbed to the injuries at the spot.
3. The motive for occurrence as alleged was that accused Sharif Ahmad suspected illicit relations of deceased Muhammad Hasan with his aunt Mst. Manzooran widow of Ghulam Qadir and to take revenge he with the help of co-accused Bashir has committed this murder.
4. After registration of the case P.W. Shahbaz Hussain visited the spot, took the dead body of deceased into possession, prepared inquest report Exh. P.J. And injury statement Exh. P.K. And dispatched the dead body for post-mortem examination. He also collected blood-stained earth from the spot vide memo. Exh. P.B. And blood-stained newspaper P.9 vide memo. Exh.P.L. The bench article P.8 on which the deceased was sitting was also taken into possession vide Memo. Exh.P.D. He arrested Sharif Ahmad and Bashir Ahmad on the same day as they surrendered themselves at the police station. The hatchets being weapons of offence were also taken into possession vide recovery memos. Exhs.P.E. And P.F. Statements of witnesses under section 161, Cr.P.C. Were also recorded and after completion of investigation challan was submitted before Additional Sessions Judge, Liaquatpur.
5. Learned trial Court read over charge to the accused who did not plead guilty and claimed trial.
The prosecution in order to substantiate accusation produced 9 witnesses. After completion of evidence the trial Court convicted the respondents under section 302(b), P.P.C. And sentenced both of them to death.
6. The respondents being aggrieved from their conviction/sentence preferred Criminal. Appeal No, 65 of 1999 before Lahore High Court, Bahawalpur Bench whereas trial Court also forwarded Murder ReferenceNo,13 of 1999 under section 374, Cr.P.C. To the High Court for confirmation or otherwise of death sentence.
7. Learned High Court while dismissing the appeal maintained the conviction of the respondents but altered the sentence of death to imprisonment for life by means of impugned judgment, dated 17-7-2001.
8. The complainant/petitioner being aggrieved from the impugned judgment preferred instant petition for leave to appeal.
9. Learned counsel contended that prosecution has established accusation against the convicts by producing over-whelming evidence but learned High Court vide impugned judgment has reduced the sentence from death to life imprisonment without assigning any cogent reasons.
According to him the words uttered by P.W. Ajmal that the accused after commission of the offence while making their escape good one of the accused Sharif sated that they have taken revenge of having illicit relation of deceased with her aunt Mst. Manzooran Mai was not sufficient to reduce the sentence from death to life imprisonment.
10. We have heard the learned counsel and have also gone through the material available on record. It is an admitted position that prosecution has made out a case under section 302(b), P.P.C.
For awarding sentence either of death or life imprisonment having regard to the facts and circumstances of the case. In our opinion learned High Court has rightly altered the sentence of the accused from death to life imprisonment because the prosecution has introduced the plea of the accused to the effect that murder of deceased has been committed on account of his illicit relations with the aunt of the accused. Therefore, following the dictum laid down by this Court in the case of Abdul Haq v. State PLD 1996 SC 1 we are inclined to hold that learned High Court has rightly reduced the sentence keeping in view the facts and circumstances of the case namely that to vindicate family honour accused persons jointly committed murder of deceased Muhammad Hasan as establishedby prosecution itself through P.W. Ajmal.
Thus for the foregoing reasons we are of the opinion that no case for exercise of jurisdiction under Article 185(3) of the Constitution B of Islamic Republic of Pakistan is made out As such the petition is dismissed and leave declined. e& 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.