1. ' MIAN MUHAMMAD NAJAM- UZ-ZAMAN, J.-Shahid alias Pervaiz appellant was tried by Additional Sessions Judge, Sheikhupura in case F.I.R. No,248/ 94 dated 29-12-94 under sections 302/ 324/148/149 read with section 109, P.P.C. Registered at Police Station Saddar Sangla Hill, Sheikhupura who vide judgment dated 30-11-2000 convicted appellant under section 302(b), P.P.C.
2. And sentenced him -to imprisonment for life. He was also directed to pay Rs,50,000 (rupees fifty thousand) as compensation to the legal Heirs of the deceased, or in default whereof to further undergo six months' S.I. Appellant was also given the benefit of section 382-B, Cr.P.C.
3. ' Feeling aggrieved by the impugned judgment appellant has filed .Criminal Appeal (Criminal Appeal No, 346-J of 2000), whereas complainant has filed criminal revision i.e, Criminal Revision No, 925 of 2000 for the enhancement of sentence of respondent.
2. Facts of the prosecution case as mentioned in the F.I.R. Exh.PM/1 are that on 29-12-94, Zahoor Ahmad complainant along with his real brother Muhammad Shafique (deceased), nephew Rashid Siddique (injured witness) and his cousin Muhammad Saeed was present in the village near their Dera. Rashid Siddique left for his house and when he reached near the same, Pervaiz appellant with his .12 bore gun fired at him but he saved his life by entering the house of some body. The complainant upon hearing the report of fires along with Muhammad Shafique deceased and Muhammad Saeed P.W. Started for his village. When they reached at Chowk Ummer Hayat near the shop of Pervaiz son of Muhammad Rafique, all of a sudden, appellant armed with 12 bore double barrel gun, Tariq alias Kala armed with .12 bore gun, Farman Ali accused armed with 222 bore rifle, Ahmad Din accused armed with 7 MM rifle and Zulfiqar Ali accused armed with . 12 bore gun who were also sitting in ambush launched attack. Ahmad Din and Zulfiqar raised lalkaras that Muhammad Shafique deceased should not go alive. All the accused simultaneously opened firing with their respective weapons. Muhammad Shafique in order to save his life entered the house of Noor Ahmad son t)f Ghulam Rasool and tried to escape through stairs. Pervaiz and Tariq accused who were chasing him also entered the house and started firing. The shot fired by Pervaiz (appellant) hit Muhammad Shafique on the right leg and the shot fired by Tariq Mahmood hit on the left knee of Shafique and he fell down on the ground. Thereafter both the accused fired many shots at him. The complainant along with Muhammad Saeed while raising alarm also reached the place of occurrence whereupon accused Pervaiz and Tariq ran away while making Bring. The complainant and Muhammad Saeed in order to make arrangements for taking the injured to hospital climbed the roof of the said house. Statedly Ghulam Nabi son of Muhammad Bakhsh was also present at die roof of his house and Rashid Siddique was coming towards the complainant's house through crossing the roof of his house when Farman son of Ahmad Din accused fired at him with his rifle 222 bore which hit Rashid Siddique on the back. The injured was taken to the house of complainant. Thereafter the complainant party in order to take Muhammad Shafique to the hospital came to the house of Nisar Ahmad and found that Muhammad Shafique had already died. However, Rashid Siddique was removed to the hospital for medical aid.
4. ' The motive for the occurrence was the previous enmity and the pendency of criminal cases between the praties. Statedly in the recent past a criminal case under sections 324/148/149, P.P.C.
5. Was lodged at the instance of the complainant party at P.S. Saddar Sangla Hill vide F.I.R. No,79/94 against the complainant party. Though the compromise was effected between the parties in the said case but subsequently relations between the parties became strained. Statedly the above said occurrence took place at the instance and instigation of Ummer Hayat son of Muhammad Ashiq and Muhammad Ashiq son of unknown.
3. After the occurrence Zahoor Ahmad P.W.12 reported the matter at the police station where Muhammad Sharif S.-I./S.H.O. P.W.17 recorded his statement Exh.PM and on the basis of the same formal F.I.R. Exh.PM/1 was entered. Thereafter the said police officer started investigation. He after inspecting dead body prepared injury statement Exh.PO, inquest report Exh.PQ and sent the dead body to the mortuary for post-mortem examination. He also collected blood stained earth from the spot vide recovery memo Exh.PA as well as prepared rough site plan Exh.PR. On the same day he recorded the statement of witnesses under section 161, Cr.P.C as well as took into possession the last worn cloths of the deceased vide recovery memo Exh.P.B. Medico legal report of Rashid Siddique injured P.W.Ll was also produced before him on the same .Day which was. Placed on the record. During the investigation the said police officer got prepared sealed site plan Exh.PE and Exh.PE/1 through draftsman. He during the investigation also arrested Ahmad Din accused on 11-3- 95.
6. ' This case was also investigated by Muhammad Ayub Inspector P.W.16, Abdul Haq S.-I. P.W.18 and Muhammad Aslam P.W.19. After the occurrence appellant became fugitive from law, he was declared proclaimed offender and statedly on 23-10-98 he was arrested by Abdul Haq, S.-I. P.W.18.
7. The said police officer during the personal search of appellant recovered gun P.7 along with two cartridges P. 8/1-2 and took the same into possession vide recovery memo Exh.PS. The Investigating Agency after complying with the legal formalities finally submitted challan against the appellant.
8. ' Before the trial court prosecution produced twenty one witnesses to prove the charge against the appellant.
9. ' Ghulam Sarwar P.W.l was present when blood stained earch was taken into possession from the spot as well as when last worn clothes of the deceased were produced before the Investigating Officer. Mazhar Iqbal Sidhu Draftsman P.W.2 prepared the scaled site plan Exh.PE and Exh.PE/1.
10. Mushtaq Ahmad Constable P.W.3 took the parcels (case property) to the Office of Chemical Examiner and deposited the same intact. Muhamriiad Akbar, A.S.-I. P.W.4 was entrusted with the warrants of arrest of accused Pervaiz, Tariq Farman, Zulfiqar , Ummer Hayat and Muhammad Ashiq.
11. The said accused were not available and upon his report proclamation orders were passed.
12. Karamat Ali P.W.5, Ahsin Siddique P.W.7 and Muhammad Sidduqe P.W.8 stated that both the parties had compromised but later on their relations became strained and in order to take revenge Shafique was done to death by the appellant and his co-accused at the instigation of Ummer Hayat, S.-I. And Ashiq Hussain. Dr. Iftikhar Ahmad P.W.6 prepared the medico legal report Ex. PL of Rashid Siddique injured (P.W.Ll) and found one punctured wound 1/2 c.m. In dia x going deep on back and lower left chest, edges of the wound were inverted. Ghulam Fareed A.S.-I. P.W.9 kept the parcels (case property) in Malkhana of the Police Station and delivered the same to the constable for onward transmission to the relevant offices. Muhammad Rafique A.S.-I., P.W.10 took the dead body of Muhammad Shafique for post-mortem examination and after the same produced last worn clothes before the Investigating Officer. Rashid Siddique P.W.Ll was present at the time of occurrence. He received fire arm injures at the hands of Farman Ali (co-accused of appellant).
13. While supporting the prosecution case he narrated the circumstances under which this occurrence took place. Zahoor Ahmad P.W.12, Muhammad Saeed P.W.13 being eyewitnesses of the occurrence while supporting the prosecution case narrated the circumstances under which appellant and his co-accused in furtherance of their common intention had committed the murder of Muhammad Shafique and caused injuries to Rashid Siddique P.W.Ll. Falak Sher P.W.14 being conversant with the handwriting of Dr. Iftikhar Hussain Chatha (since dead) who had prepared the postmortem report of Muhammad Shafique deceased, proved the same before the trial court. Muhammad Hussain Inspector P.W.15 prepared report under section 173, Cr.P.C. Jn this case. Muhammad Ayub Inspector P.W.16, Muhammad Sharif S.-I. P.W.17, Abdul Haq S.-I. P.W.18 and Muhammad Aslam, S.-I. P.W.19 conducted the investigation of this case as narrated earlier. Mukhtar Ahmad, H.C. P.W.20 entered formal FIR Exh.PM/1. Muhammad Akram Constable P.W.21 witnessed the recovery of crime weapon at the instance of, appellant.
14. ' Learned trial court also examined certain witnesses as Court Witnesses. Dr.Abdul Nasir Tawana C.W.l brought record of DHQ, Hospital, Sheikhupura to prove the outdoor chit of Rashid Siddique (P.W.Ll) prepared by him. The statement of this witness reveals that Rashid Siddique had a fire arm injury on the spinal cord, as a result of which he had paraplegia of both the legs. Muhammad Nawaz DFC C.W.2 deposed about the non-availability of Dr. Muhammad Anwar as he has gone abroad. Dr. Muhammad Ashfaq C.W.3 being conversant with the handwriting of Dr. Muhammad Anwar proved report Exh.C.W.3/1.
15. ' Learned trial court also examined appellant under section 342, Cr.P.C. While answering to the question "Why this case against you and why the P.Ws. Have deposed against you?", appellant replied as under:- ' "I have been falsely involved in this case due to enmity and party faction. The P.Ws. Are related inter se and they are inimical towards me .
16. ' Appellant neither made statement under section 340(2), Cr.P.C. Nor produced any evidence in his defence.
17. ' Learned trial court vide judgment dated 30-11-2000 convicted and sentenced the appellant as narrated earlier.
4. With the able assistance of learned counsel for the parties, we have minutely gone through the record of this case.
18. ' The eye-witnesses Zahoor Ahmad P.W.12, Saeed Ahmad P.W.13 and Rashid Siddique (injured (P.W.Ll) have already been believed and relied upon by this Court while deciding the appeal of co- convict of the appellant i.e, Criminal Appeal No,762 of 1998. The presence of said eye-witnesses at the relevant time stands established from the record. Their statements inspire confidence and stand supported/ corroborated by the medico legal reports! The motive for this occurrence also stands established from the record of this case and the same further strengthens the prosecution case and lends a strong corroboration to the ocular account. After the occurrence appellant became fugitive from law and was declared proclaimed offender. The abscondence of appellant for almost two years is yet another circumstance to support the prosecution case.
19. ' In the light of the evidence available on the record, we see no force in this criminal appeal, the same stands dismissed.
5. Shahid alias Pervaiz appellant caused injury on the non vital part of Muhammad Shafique deceased. There is nothing on the- record to show that the recovered gun P.7 was ever used in the occurrence. In this view of the matter, we are not persuaded to enhance the sentence of respondent/appellant as prayed for through Crl. Revision No,925 of 2000. Learned counsel for the petitioner has also failed to bring on record any evidence showing that appellant/respondent is a man of means and can pay more compensation than fixed by the trial court. In this view of the matter, finding no force in criminal revision (Crl. Rev. No,925 of 2000), the same also stands dismissed.