This judgment will dispose of Criminal Appeal No, 327 of 2005 filed by Abu Bakar and Abdul Shakoor, appellants, who were convicted and sentenced by learned Addl: Sessions Judge, Faisalabad vide his judgment dated 29.01.2005 as under:- Under Section 302-B/34 PPC to undergo imprisonment for life and a compensation of Rs, 100,000/- each to the legal heirs of the deceased and in default six months SI each.
U/S. 324 PPC 10 years RI each on two counts and a fine of Rs,15,000/- each on two counts and in default six months SI each.
U/S 337-F (ii) PPC, three years RI and damans Rs, 10,000/- each.
U/S 337-F (ii) PPC three years RI and daman Rs, 10,000/- each.
U/S 449 PPC ten years RI and a fine of Rs, 50,000/- each and in default six months SI each.
However, all the sentences were ordered to run concurrently with the benefit of Section 382-B Cr.P.C.
2. Brief facts of the case are that on 27.7.2002 at about 7.30 p.m. Mst. Parveen Bano deceased rang a telephone to Muhammad Asghar complainant and asked him to come her house in order to discuss some important affairs. Mst. Parveen Bano deceased was puphizad of Muhammad Asghar complainant and her husband used to live abroad in order to earn his livelihood at about 9.00 p.m. complainant Muhammad Asghar reached to the house of Mst. Parveen Bano deceased and when entered into the house of Mst. Parveen Bano deceased he saw that altercation was taking place between 'accused Abdul Shakoor, Abu Bakar and Mst. Parveen Bano and her two daughters namely, Iqra and Anum and they grappled with each other. On seeing the complainant accused Abu Bakar raised Lalkara that no one should be escaped to his co accused Abdul Shakoor. Abu Bakar accused step forward and complainant Muhammad Asghar tried to caught hold him, he ran away by pushing complainant to the ground, meanwhile, accused Abdul Shakoor took Mst.
Parveen Bano to the ground in the kitchen and Abdul Shakoor gave Churri blow on the person of Parveen Bano, which hit her jaw near the throat. Mst. Iqra step forward and accused Abdul Shakoor inflicted churri blows on her chest and left arm. Meanwhile, Mst. Anum step forward, accused Abdul Shakoor also inflicted churri blows, which hit her on the right side of abdomen & right flank, both the girls, frightened. Complainant wanted to help them but Abdul Shakoor took pistol .30-bore from his shalwar and aimed at him by saying that if he will come forward he would be done to death. On the hue and cry of complainant Muhammad Ilyas Shahid and Ahmad attracted to the place of occurrence and on seeing them both the accused fled away from the spot along with Churri and pistol 30-bore.
Motive behind the occurrence was that accused Abdul Shakoor and Abu Bakar are real nephews of Muhammad Ayuli, who is husband of Mst. Parveen Bano deceased. The accused used to come in the house of Mst. Parveen Bano. She forbade Abdul Shakoor and Abu Bakar to come her home due to her grown up. daughters. The accused nourished grudge and with their connivance murdered Mst. Parveen Bano and injured Mst. Anun and Mst. Iqra.
3. Muhammad Iqbal SI PW.12 visited the place of occurrence, took blood-stained earth from the placed of occurrence on cotton, recorded the statements of the PWs and on 29.7.2002 he arrested accused Abdul Shakoor and on 2.8.2002 he arrested 'accused Abu Bakar. On the same day, Abdul Shakoor accused while in police custody led to the recovery of Churri P. 4 & Glove P. 5, which were taken into possession vide memo Ex.PS.
4. At the trial prosecution in order to prove its case produced 13 witnesses in all, thereafter, learned S,P.P tendered in evidence reports o' Chemical Examiner regarding Churn, cotton and vaginal swa bs at Ex.PU, Ex.PV & Ex.PW respectively, reports of Serologist regardini Churri and cotton Ex.PU/1 & Ex.PV/1 and closed the prosecution case then, the statements of the appellants were recorded in which the; pleaded innocence.
5. After having read the entire prosecution evidence, statement of the appellants recorded u/S. 342 Cr.P.0 and other relevant material available on record, learned counsel for the appellants submits the occurrence in this case took place in dark hours of night, the complainant was not present at the spot, that there is delay of two day in lodging the FIR, which was lodged 'after due deliberation are consultation, that both the appellants are real brother inter-se, that the were maternal nephew of husband of Mst. Parveen Bano deceased, will was out of country in order to earn his livelihood, that no recovery w. affected from Abu Bakar appellant and even no injury was attributed him, that though Mst. Anum received the injury but she was discharge from the hospital on the same day and did not report the matter till it lodging of the FIR by complainant Muhammad Asghar. He further submits that according to Dr. Rohina Qayum PW.1, who conduct medical examination on both the injured -PW, their Aunti Kalsoc accompanied both the injured to the hospital but she even did not reps the matter to the police, that injured Mst. Parveen remained in to hospital for two days but the doctor did not report the matter to police because the case was doubtful, that later on, PW.9 and PW were summoned from their houses and they were made complainant well as PW in this case. He lastly submits that delay in lodging the creates serious doubt to the veracity of prosecution case and prosecute has miserably failed to prove its case against the appellants beyond at shadow of doubt.
6. Learned Deputy Prosecutor General assisted by learns counsel for the complainant, who has filed Revision Petition No, 82 2005 for the enhancement of sentence, submits that reasons given 1 the. learned trial Court for lesser sentence are not in accordance with the principle laid down by this Court and Apex Court and in this regard he has relied upon 2062 YLR 3816, 1998 SCM R 862 and 2002 SCM R 294. Learned counsel for the complainant further submits that Section 34 PPC is applicable in this case because both the appellants are jointly liable to the act committed by Abdul Shakoor, that one person had lost his life and two were seriously injured, that ocular account is fully rob orated by medical evidence. They support the judgment of the Learned trial Court.
7. Heard. Occurrence in this case had taken place on 27.2.2002 about 9.00 p.m. in the area of Block No, 6 Saman Abad, Faisalabad, which is at a distance of three Kilometer away from Police Station, story Area and the formal FIR was lodged on 29.7.2002 by Muhammad Asghar complainant. The reasons given for lodging the FIR such a delay that deceased was-in precarious condition besides two urged PW so firstly they were taken to hospital in order to save their is and this explanation given by the complainant is plausible in the stances of the case. The deceased in this case is Mst.
Parveen no and there are two injured PW, namely, Mst. Iqra and Mst. Anum fighters of Mst. Parveen Bano. Prosecution produced three eye-nesses, namely, Muhammad Asghar complainant (PW.9)
Mst. Iqra fired (PW-10) and Muhammad Ahmad nephew of the Mst. Parveen is (PW.13). Abdul Shakoor appellant was arrested in this case on 7.2002 and blood-stained Churri was recovered on his pointation on .2002. Abu Bakar appellant was arrested in this case on 2.8.2002. Dr. hina Qayum PW.1, who had medically examined all the three injured 's on the same day, found all the injuries fresh and caused by sharpred weapon. Ocular account in this case is fully corroborated by dical evidence and, the recovery of blood stained Churn from Abdul ikoor appellant. The star, witness in this case is Mst. Iqra, who while searing before the learned trial Court had fully 'supported the secution case. Both the appellants are also closely related to Mst. Iqra abuse they were maternal nephew of father of Mst. Iqra, who was out country at that time in order to earn his livelihood. Abdul Shakoor appellant was less then 18 years of age at the time of occurrence, he was rig to be tried under Juvenile Justice System Ordinance but said finance was set-aside by this Court and later on, said judgment of this was also set-aside by the Apex Court and this has not been denied either of the party that he was Juvenile, Offender at the time of fence so learned trial Court was right in not awarding death ally to him. However, as the prosecution has proved its case against 1u1 Shakoor appellant beyond any shadow of doubt, so this appeal to extent is dismissed. The conviction and sentence recorded against a is maintained in toto.
8. Now I take up the case of Abu Bakar appellant. Though he present at the spot but except raising "Lalkar" neither any injury nor overt act was attributed to him so possibility of his false implication Bo hg real brother of Abdul Shakoor appellant cannot be ruled out latently, this appeal to his extent is accepted. The conviction and tense recorded against him by the learned trial Court is set-aside.
He is in Jail and he shall be released forthwith if not required to be detained in any other case.
As far as, Criminal Revision No,822-2005 filed by Muhammad Asghar petitioner against Abdul Shakoor etc respondents are concerned, that is dismissed for the reasons mentioned above.