1. ' BASHIR A. MUJAHID, J.---Respondents Nos.1 to 4 after having been tried by the learned Additional Sessions Judge, Lahore in a private complaint under sections 302/324/449/148/149, P.P.C . Filed by the present appellant for murder of Mst. Razia Bibi daughter of Malik Asghar, were acquitted vide the impugned judgment, dated 16-9-1996 which has been challenged through the instant appeal.
2. ' The brief facts of the case are that the appellant/complainant got F.I.R. No,247 of 1993 registered at Police Station Manga Mandi with the allegation that the complainant was residing at Wara Gillanwala Manga Mandi along with his brothers Haji Muhammad Sarwar, Malik Muhammad Asghar and their family in separate houses. Near the gate of the main haveli there was some construction for the animals. The accused were Abdul Majid (deceased), Munawar Hussain son of Abdul Majid, Ghulam Sabir, Gunman of Abdul Majid, Muhammad Ibrahim and Yaseen who cultivate the land of Abdul Majid as a tenant along with their brothers Mansha and Siraj. Malik Asghar elder brother of the complainant was commission agent in 1974 and Manager of Sardar Zahid Karamat.
3. Abdul Majid accused (deceased) entered into sale of land measuring 100 acres through Malik Asghar brother of the complainant. Later on, he transferred the property in favour of Malik Asghar.
4. Malik Asghar had to receive an amount of Rs,25,000 as a commission which was not paid to him by Abdul Majid. Abdul Majid went to England along with his son Munawar Hussain and came back in 1990. Malik Asghar demanded commission which was raised upto 20 lacs. Abdul Majid ensured that the same will be paid after arrival of his son Munawar in Pakistan. Munawar Hussain son of Abdul Majid came here in 1991 and opened an office of dealership in property at Morr Manga Mandi, Lahore and Malik Asghar demanded his commission again but he was involved in false case registered vide F.I.R. No,252 of 1991 under Article 14 of Ordinance VI, 1979 (Enforcement of Hudood) at Police Station Manga Mandi. The accused were trying to recover stamp paper and register maintained by Malik Asghar but they failed to recover despite physical remand of Malik Asghar. Malik Asghar also filed a writ petition against Muhammad Aslam Inspector C.I.A. Abdul Majid and Munawar Hussain in connivance with Muhammad Aslam Inspector involved Shaukat Ali son of Malik Asghar, Maratab Ali, nephew and Mansha brother of Malik Asghar in the said case.
5. Despite this fact the stamp papers could not be recovered.
6. ' Thereafter, case F.I.R. No,228/93 under sections 324, 148, 149, P.P.C. Was registered at Police Station Allama Iqbal Town, Lahore at the instance of Ghulam Sabir on 21-8-1993 in which Malik Asghar, Mansha and Shaukat were arrested by the police. Ghulam Sabir, Ibrahim, Yaseen along with Abdul Majeed and Munawar Hussain armed with firearms entered into the house of the complainant by climbing over the main gate of the haveli between the night 22/23-8-1993 and opened the door of the haveli from inside. The complainant and family members woke up and in the light of electric bulb they identified the accused. Abdul Majid (now deceased) demanded the stamp paper hidden by Malik Ashgar in the house and started abusing the complainant party. On hearing the noise all the inhabitants of the locality came at the spot and asked the accused not to do so. The accused raised lalkara and went into the room of Malik Asghar where dower of his daughter Mst. Razia Bibi was lying. She resisted and the accused caused fire-arm injuries on different parts of her body. The complainant tried to intervene but he was also fired at by Yaseen and Ibrahim and he had lucky escape. The accused fled away from the spot after raising lalkara and Mst. Razia Bibi succumbed to the injuries at the spot. The complainant got F.I.R. No,247 of 1993 registered under sections 302/452/ 148/149, P.P.C. The investigation of the case was undertaken by the local police.
7. Thereafter, it was transferred to Shafaqat Ahmad, D.S.P. C.I.A. The accused were not arrested by the police. The complainant and Malik Asghar moved several application to the higher police officials and also filed writ petition before this Court on which the investigation of the case was entrusted to Ghulam Muhammad Kalyar, D.S.P. Who found the accused guilty and the accused got the investigation transferred to D.S.P. C.I.A. The accused were neither arrested nor recovery was effected on which the appellant filed the private complaint. The complaint was entrusted to Mr. Fakhar Hayat, Additional Sessions Judge, Lahore for trial who sent the same to Khalil Ahmad Anwar, Civil Judge 1st Class for conducting an inquiry under section 202, Cr.P.C. The learned Civil Judge submitted the report on 19-7-1994 and after perusal of the report the accused were summoned under sections 302/324/ 148/149, P.P.C. Thereafter, the charge was framed on 23-4-1994 which was denied by the accused and they claimed trial.
8. ' During the trial the prosecution examined Mukhtar Ali complainant as P.W.1 who supported the version as narrated by him in the F.I.R. As well as in the complaint. Muhammad Younas, P.W.2 claimed himself neighbour of the complainant and eyewitness of the occurrence and his statement is in line with the statement of the complainant. Haji Muhammad Sarwar, P.W.3 also claimed to be the eye-witness of the occurrence and he supported the version of the complainant before the trial Court. Malik Asghar appeared as P.W.4, who was father of the deceased. He narrated the motive of the occurrence and gave the detail of the dispute with Abdul Majid for recovery of commission amount. Manzoor Ahmad, P.W.5 had escorted the dead body of Mst. Razia Bibi for post-mortem examination on 23-8-1993 and produced the last-worn clothes of the deceased before the Investigating Officer, which were taken into possession through memo. Exh.PM and this memo. Was attested by this witness. Muhammad Din, P.W.6 recorded the formal F.I.R.
9. Exh.PA and also attested the recovery memo. Of blood-stained earth taken into possession from the spot. He also attested the recovery memo. Exh. PP whereby 4 empties of .12-bore gun and empty of rifle 7 MM were taken into possession by the Investigating Officer from the place of occurrence. Syed Imran Bukhari, P.W.7 prepared the site plan. Ghulam Muhammad, A .S-I. P .W.8 produced record of all other cases. Dr. Muhammad Saleem, P. W.10 conducted the post-mortem examination on the dead body of Mst. Razia ' The prosecution evidence was closed by tendering in evidence report of Chemical Examiner Exh.PB and that of Serologist Exh. P. W .
10. ' After prosecution evidence the statements of the accused were recorded under section 342 Cr.P.C. And they claimed their innocence and false involvement.
11. ' The trial culminated into acquittal of the accused/respondents. Hence this appeal.
12. ' Learned counsel for the appellant Mr. Abdus Sami, Advocate who filed power of attorney on behalf of the appellant has not turned up to argue that appeal despite the fact that he was provided opportunities of hearing on several dates, therefore, we have proceeded to decide the case after examining the record with the assistance of learned counsel for the State and learned counsel for respondents Nos.1 to 5.
13. ' According to the prosecution eyewitness and the F.I.R., they identified the accused in the light of electric bulb and Abdul Majid caused injuries on the chest of the deceased but according to the post-mortem examination there was no injury on the chest but it was found on the back side of chest of the deceased, therefore, dishonest improvement was made by the P.Ws. After receiving the post-mortem report.
14. ' According to the P.Ws., injury on right eye of the deceased was caused by the butt blow of the gun but according to Dr. Muhammad Saleem such injury can be caused by falling on the ground. Nazir Machhi was also introduced as eye-witness in the complaint. During the investigation the accused were found innocent and the complainant, P.W.1 admitted that the police had secured the foot- prints of the accused so if the accused were identified, then there was no need to secure the foot prints of the accused. The enmity between the parties is admitted which is double edged weapon.
15. It was a night occurrence. The material improvements made by the P.Ws. During the trial show that they had not witnessed the occurrence. The accused were declared innocent in the successive investigations. No recovery was effected from their possession. The statements of the interested and inimical P.Ws. Have not been corroborated by any other independent source, therefore, the learned trial Court by making correct appraisal of the evidence acquitted the respondents/accused with cogent reasons and we, after reappraisal, do not find any reason warranting interference in the impugned judgment, so, the appeal is dismissed.