' GHULAM MUSTAFA MENGAL, J.---This Criminal acquittal appeal has been filed by the State through Public Prosecutor General Balochistan against the order dated 3rd June, 2010 passed by learned Additional Sessions Judge, Pishin, whereby accused/respondent Mulla Kalimullah son of Abdul Sattar charged by offence under section 302, P.P.C., was acquitted.
' Briefly, the facts of the prosecution's case as disclosed in the F.1.R. No,42 of 2009 are that on 24th December, 2009 complainant Pai Din lodged a report with S.H.O. Police Station, Huramzai. Pishin, alleging therein that his daughter Mst. Bibi Jamila was married with accused/respondent, who few days back bruttally beaten Mst. Bibi Jamila and forced her to leave the house thereafter she was taken to Civil Hospital, Pishin where-after she was shifted to Civil Hospital, Quetta, where she died between the night of 10th and 11th November 2009 at 4-00 a.m. And due to the internal injuries she aborted her pregnancy.
3. After usual investigation, challan against the accused was sent to the trial Court where charge under section 302 P.P.C. Against the accused was framed on 2nd March, 2010 to which he pleaded not guilty and claimed trial. After framing the charge, the prosecution examined P .W. 1, who produced his application .s Exh.P/1-A. Dr. Hayatullah, Medical Legal Officer, Civil Hospital, Quetta, appeared before the trial Court as P.W.2 and deposed that on 5th November, 2009 deceased Mst.
Jamila was brought to Civil Hospital, Quetta with referring chit having the history of abdomen pain, vomiting with blood and diarrhea VII ) and pale and sick, during treatment she died and cause of death was determined as Renal Parenchymacal disease and sepsis (failure of kidney as well as multiple infections in blood). He produced death certificate as Exh.P/2-A. Dr. Mumtaz Anwar, Lady Medical Officer, D.H.Q. Civil Hospital, Pishin appeared as P.W.3 and deposed that on 20th October, 2009 she was posted as Lady Medical Officer, at D.H.Q. Hospital, Pishin on the said date at about 1.00 a.m. Bibi Jamila was brought by Police Official Huramzai for medical check-up. Bibi Jamila was medically examined and found that she was 24 weeks pregnant and complaining labor pain. On external examination no abrasion, bruises or wound were found on her body but only scratching of hair on the center of scalp. On per vaginal examination she was not in active phase of labor. She was severely anemic patient. After examination she referred her to Civil Hospital, Quetta. She produced certificate Exh.P/3-A. Abdul Jabbar appeared as, P.W.4 who deposed that on 15th October, 2009 accused Kalimullah brought Mst. Bibi Jamila to their house she was taken to Dr. Naseem. He further deposed that on 17th October, 2009 we took Mst. Bibi Jamila to Civil Hospital, where she born a child and we brought Bibi Jamila to our house. On 27th October, 2009 the child died and we informed the accused about the death of the child and dead body was handed over to the uncle of accused for purpose of burial. Mst. Jamila remained admitted in Hospital for six days. P.W.5, Nida Muhammad deposed that on 29th October, 2009 his Uncle Pai Din rang a telephone to him and asked him to come Civil Hospital, Pishin, who told him that on 15th October, 2009 after beating Mst. Jamila brought her to Killi Dab Khanezai. Thereafter, he went to Mst. Bibi Jamila who was admitted in the Ward. On his inquiry she told him that her husband had scratched her hairs of head and she sustained injuries at her chest. She had deficiency of blood, therefore, he gave her blood and after 6/7 days she was shifted to Civil Hospital Quetta for further treatment. He further deposed that on 11th November 2009 Pai Din informed him on phone that Mst. Jamila had died at 4-50 or 5-00 a.m. He produced recovery memo; Exh.P/5-A and hairs of deceased as Art. P/1.
P.W.6 Sardar Muhammad deposed that, he along with complainant Pai Din resides in Killi Shaikhanzai, who is my brother in law. On 15th October, 2009 Abdul Jabbar informed him on phone that, Mullah Kalimullah brought Mst. Bibi Jamila in their house situated in Dab Khanzai, where Bibi Jamila informed us that she was beaten by Mulla Kalimullah and scratched her hairs, due to which she was unable to walk. Thereafter Mulla Pai Din and Abdul Jabbar brought her to Civil Hospital, Pishin for medical treatment. On 27th October, 2009 Abdul Jabbar informed him that son of Bibi Jamila, who born on 20th October, 2009 has been died. We informed Mulla Kalimullah about the death of child on phone. On this information uncle of Mulla Kalimullah came to Dab Khanzai, we handed over the dead body to him on 29th October, 2009. Mst. Jamila was brought to Civil Hospital Pishin, from where she was shifted to Civil Hospital Quetta on 5th November, 2009. On 9th November, 2009 he visited Civil Hospital Quetta where he came to know that Mst. Bibi Jamila is unstable. On 11th November' 2009 at 4-45 p.m. Pai Din informed him on phone about death of Mst.
Jamila. He further stated that due to merciless beating of Mulla Kalimullah she died. We buried her Killi Shaikanzai and on 4th January, 2010 I and Nida Muhammad came to police station for recording statements under section 161, Cr.P.C. P.W.7 Rozi Khan Kakar, A.S.-I., Who is Investigating Officer of the case, deposed that on 24th December 2009 he registered the case F.I.R. No,42 of 2009 against the accused and produced the same as Exh.P/7-A. He also produced the sketch of the place of occurrence as Exh.P/7-B. He arrested the accused on 30th December, 2009. On 29th December, 2009 he obtained the death certificate of the. Deceased from Civil Hospital, Quetta and produced the same as Exh.P/2-A. He recorded the statement of witnesses under section 161, Cr.P.C.
He secured the hairs of deceased through seizer memo Exh.P/5-A. He produced challan of the case as Exh.P/7-C and D. In cross-examination he admitted that on 1st November, 2009 the complainant Pai Din submitted an application before the S.H.O. That deceased had died due to deficiency of blood, therefore, he does not precede the case.
4. The statement of the accused was recorded under section 342, Cr.P.C. Wherein he denied the prosecution allegations. He also stated that he is innocent and has not committed the alleged offence. The complainant lodged the instant case against him just to harass and blackmail him and to extract some money and to fulfill some illegal demands from him.
5. After hearing the learned counsel for the parties and evaluation of the evidence available on record, the learned trial Court acquitted the accused vide order impugned herein, hence this appeal.
6. Mr. Attiq Ahmed Khan learned Additional Prosecutor General contended that the evidence available on record has not been considered by the learned trial Court in its true perspective and the recovery of hairs of the deceased was handed over to the Investigation Officer. He further contended that learned trial Court did not consider the statement of P.Ws., medical and circumstantial evidence, through which involvement of the accused/respondent was fully established, as such the learned trial Court was not justified in acquitting the accused of the charge.
7. We have heard the learned State counsel and perused the record of the case in order to ascertain whether appreciation of evidence by the learned trial Court suffers from any mis-reading or non-reading of any material evidence.
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8. The occurrence in this case is unseen and there is no eye-witness of the occurrence. The prosecution in order to prove the ocular account got examined P.Ws. Namely Pai Din, complainant, (P.W.1) who is father of deceased Bibi Jamila while Abdul Jabbar (P.W.4) not supported 'le prosecution and Nida Muhammad (P.W.5) and Sardar Muhammad Pare nephew and brother in law of the complainant but none of impugned P.Ws. Could have stated in their statements that they were the house of deceased at the time of occurrence. The P.Ws. Namely Aida Muhammad and Sardar Muhammad have admitted that they are closely related with the complainant and are not resident of Killi Alizai. The above said P.Ws. Were interested and inimical witnesses inter se towards the accused/respondent. During their statements they tried to improve their version by making dishonest improvements. They contradict each other on material points. It may be stated here that allegation of causing internal injuries of Bibi Jamila was not proved as she was not examined in support of the prosecution case.
9. So far as medical evidence is concerned, Dr. Hayatullah, Medico-legal Officer, Civil Hospital, Quetta (P.W.2) stated that Mst. Bibi Jamila was referred from casualty ward with the history of abdomen pain vomiting with blood and diarrhea) and cause of her death was determined as Renal Parenchymacal disease and sepsis (failure of kidney as well as multiple infection in blood).
Whereas according to Dr. Mumtaz Anwar, Lady Medical Officer, D.H.Q, Civil Hospital, Pishin (P.W.3) stated that on 20th October 2009 Mst. Bibi Jamila was brought by Police Officials Huramzai for medical checkup, she was /4 weeks pregnant and complaining labor pain. On external examination abrasion, bruises or wound was found on her body except scratching the hairs on the center of scalp. She was severally anemia patient. The cause of death of the deceased negates the ocular account. As far as the recovery of hairs of deceased Bibi Jamila are concerned the same were not sent to the Forensic Science Laboratory, so that is of no consequence. The prosecution has failed to prove its case against the accused/respondent.
10. The learned trial Court on proper appraisal of prosecutor evidence recorded acquittal of respondent through well-reasoned order. Reasons advanced by the learned trial Court for recording acquittal of the accused/respondent are neither perverse nor fanciful. ,we have found no occasion for interference with the impugned under of acquittal passed by learned trial Court. After acquittal, the accused earns double presumption of innocence which can only be interfered. If the order on the face it appears to be perverse, arbitrary or illegal. We do not find any discrepancy or illegality in the impugned order and the accused/respondent was rightly acquitted by the learned rial Court.
11. In view of the above discussion, we find no substance in this appeal which is accordingly dismissed in limini.