' SADIQ HUSSAIN BHATTI, J.---The Appellant/Accused Muharram son of Ali Muhammad Kori was tried under section 302, P.P.C. For the murder of deceased Dhani Bux son of Bakhar Kori and is sentenced to imprisonment for life, along with the compensation of Rs,1,00,000 (Rupees One Lac) to be paid to the L.Rs, of the Deceased under section 544-A, Cr.P.C. Or in case of default to suffer 2 years' R.I. Vide judgment dated 31-10-2006 of the learned Additional District and Sessions Judge, Tando Adam.
2. On 10-8-1996 at 7-30 p.m. Complainant Baradi son of Bakhar Kori lodged an F.I.R. At Police Station Tando Adam, which was registered as F.I.R. No,138/1996, regarding the above incident. The contents of it reads as under:-- "On 10-8-1996 at 7.30 p.m. Complainant Baradi came to police station and lodged alleging therein that he along with his brother Dhani Bux aged about 23 years are residing in the same house. Accused Muharram is their caste fellow and resides adjacent to the house of complainant. On 10-8-1996 at evening time complainant along with his brother Dhani Bux were returning back from the land to their village, it was about 5.30 p.m. When they reached near Juwar and Banana crops, Dhani Bux was behind the complainant. Complainant further alleged that he has heard cries of his brother and turned back and saw accused Muharram Kori inflicting dagger blows to Dhani Bux. Thereafter, Dhani Bux tried to escape but fell down after covering few steps and thereafter, accused Muharram again inflicted dagger blow to him. The complainant raised cries which attracted P. W. Lakhano and his brother-in-law Lal Ditto. The accused after seeing above said witnesses ran away along with dagger towards Banana garden. Thereafter, the complainant and the P. Ws. Took the injured Dhani But to Taluka Hospital, Tando Adam but he succumbed to his injuries. Thereafter, complainant left witnesses over the dead body came to police station and lodged F.I.R. The complainant lastly disclosed in F.I.R. That accused suspected that Dhani Bux was on illicit terms with his sister."
3. Police after usual investigation submitted charge sheet against the accused, which ultimately received by learned Additional District and Sessions Judge, Tando Adam by way of transfer.
4. Before the commencement of trial, the relevant papers as required under section 265-C, Cr.P.C.
Were supplied to the Appellant/ Accused vide receipt Ex.01. The Appellant/Accused submitted an application Ex.02, that since he is pauper and cannot engage any counsel to defend his case, hence trial Court may kindly engage counsel to defend his case.
5. The learned trial Court with the assistance of President, Tando Adam Bar Association, appointed Mr. Imam Bux Balouch, Advocate to represent the pauper accused. He submitted such statement Exh.03 to proceed with the case.
6. Trial Court framed charge Exh.04 against the accused for alleged offence. The accused pleaded not guilty and claimed to be tried, vide Plea Exh.05.
7. Prosecution in order to prove its case examined eight P.Ws. Prosecution case consists of following pieces of evidence:
8. Eye-witness account furnished by P.Ws.
(1) Baradi Kori (Complainant) brother of Deceased examined as Exh.06.
(2) Lakhano Kori, brother of Deceased examined as Ex.09.
(3) Lal Dino Kori, brother-in-law examined as Ex.11.
9. All, the above named P.Ws. Were present nearly and were busy in cutting the grass from nearby fields. Deceased Dhani Bux was also present since he had cut the grass and prepared the bundle of grass and was about to move to his village when he was attacked by accused Muharram Kori with dagger. Deceased Dhani Bux raised cries on which complainant Baradi reached the place of vardat and witnessed the incident, P.Ws. Lakhano and Laldino immediately followed and they also witnessed the incident and also saw the accused running away along with crime weapon (dagger) from the scene of offence. It was broad daylight incident and was clearly witnessed by above witnesses. The witnesses removed the injured to hospital but injured succumbed to the injuries and died at hospital.
10. The complainant Baradi Kori proceeded to Police Station where he lodged the F.I.R. Against the Appellant/Accused. Showing the motive of the incident that the Appellant/Accused suspected Deceased to be on illicit relationship with his sister.
11. In the cross-examination, the testimony of all the above witnesses could not be shattered.
Learned D.P.G. Could not extract any favourable reply from them. On the contrary they cemented their early evidence and categorically deposed that they saw Appellant/Accused Muharram was repeatedly inflicting dagger injuries to the Deceased, who was raising cries.
12. P.W.4, Ali Nawaz Tapedar examined as Ex.14 has produced the sketch of the place of vardat as Ex.25 but the same is prepared by him after more than one year. His evidence as well as sketch produced by him is merely a formality and no legal sanctity is attached to such evidence. There is no apparent version recorded by trial court for such delay. What assistance such type of evidence can provide to Court. In fact the rough sketch should be.Prepared by Police while inspecting the place of vardat and Revenue Authorities be directed to prepare the sketch with the assistance of measuring tape. The distance and directions should clearly be inscribed to provide an accurate assistance to the Court.
13. P.W.5, Dr. Abdul Latif MLO, examined as Ex.15. He deposed that on 10-8-1996 he was posted as MLO at Taluka Hospital, Tando Adam. On that he received dead body of Deceased Dhani Bux son of Bhakhar Kori along with the request letter for conducting the Postmortem Examination and Report.
He produced the request letter as Ex.17. On external examination of the dead body he found in all fourteen stabs and incised injuries on various parts of body. According to MLO, from external as well as internal examination of the dead body he was of the opinion that death of deceased occurred due to shock and haemorrhage consequent upon the above injuries. All the injuries were ante- mortem and caused by sharp cutting weapon and were sufficient to cause death in ordinary course of life. In the cross-examination, he clarified that the dead body was received at hospital at 8.10 p.m. He produced Postmortem Examination Report as Ex.18.
14. P.W.6, P.C. Muhammad Ashraf, mashir examined as Ex.19. He was one of the members of investigation team headed by S.H.O. Muhammad Bashir Gujjar and were after the accused to apprehend him in this case. On 11-8-1996 they finally succeeded in apprehending the Appellant/Accused Muharram Kdri after a chase on interrogation he disclosed his name as Muharram Kori and volunteered to produce the crime weapon. Lie accordingly produced bloodstained dagger from his house. The accused was arrested and dagger was sealed in his presence and co-mashir PC Liaquat such memo was prepared which is produced as Ex.20, He affirmed his signatures and contents of memo.
15. In the cross-examination, he threw further light on his earlier testimony. He deposed that there was only one house of accused with hedge around. There was one room (katcha built) accused brought out the dagger from a steel trunk lying inside. He also deposed that on seeing the police co-villagers escaped away and none was available. Ile deposed that memo was prepared at the spot, the dagger was also sealed at the spot.
16. Private person did not come near to them inspite of their efforts. He denied that the dagger has been foisted upon the Appellant/Accused falsely.
17. The Appellant/Accused during the interrogation also volunteered to produce the bloodstained clothes worn by him at the time of incident. He accordingly produced washed shirt and shalwar. On inspection, some bloodstains were noticed. Hence, Police sealed them in parcel. Prepared such memo and produced as Ex.21 in presence of same mashir.
18. P.W.7, Akk son of Yar Muhammad, examined as Ex.22. He acted as mashir of inspection of dead body at hospital and inquest report of the deceased. He found about 15/16 dagger injuries on the dead body of deceased. He produced the above memos as Exhs. 23 and 24.
19. He and co-mashir Yousif also acted as mashirs of inspection of place of vardat at the pointation of Complainant. The place of vardat was situated on a katcha path leading to village Kumb Darhoon. Police secured bloodstained earth from the place of vardat and prepared memo.
Bloodstained earth was sealed at the spot. I and co-mashir Yousif signed the memo.
20. P.W.8, S.H.O., Muhammad Bashir examined as Ex.26. He deposed that he registered the F.I.R.
No,138/1996 at the instance of complainant Baradi Kori, regarding the murder of Deceased Dhani Bux. He further deposed that he took up the investigation, visited the place of incident secured bloodstained earth. Prepared the inquest report and inspection of the dead body. Arrested the accused and recovered the blood-stained dagger and bloodstained clothes worn by him prepared mashirnama in presence of mashirs and sealed the bloodstained articles at the spot and later on sent the bloodstained articles to Chemical Examiner for analysis and report. He deposed that he recovered the bloodstained clothes of the Deceased shirt and shalwar.
21. Chemical report is produced according to which all the articles and clothes sent were stained with human blood.
22. Prosecution closed its side vide.
23. Statement of Appellant/Accused Muharram Kori was recorded vide Ex.29. He denied all the allegations of prosecution, pleaded innocence. The witnesses have deposed falsely and that nothing was secured from his possession.
24. He also deposed that the Deceased was a man of questionable Character and had enmities with many others and some unknown might have killed him.
25. He neither examined himself on Oath nor examined any defence. Final arguments were also addressed by respective parties after recording 342, Cr.P.C. Statement.
26. After recording the statement of the Appellant/Accused, under section 342, Cr.P.C. The Appellant/Accused Muharram Kori absconded away. The Court took all necessary legal measures by issuing coercive process and subsequently declared him proclaimed offender vide order dated 23-12-2002 and his case was placed on dormant file under section 512, Cr.P.C.
27. Heard learned counsel for the Appellant/Accused and also perused the written arguments, although there is no provision of written arguments in criminal law. The main points are that:-
(1) The Appellant/Accused is innocent and prey of comity.
(2) There is long standing enmity between the parties.
(3) Motive not proved.
(4) Contradiction between the evidence of P.Ws.
(5) Statement under section 342 Cr.P.C. Is not properly recorded.
28. On the other hand, learned D.P.G. Has opposed the contentions raised by Appellant/Accused and further argued that the case is fully proved. After the conclusion of trial, the Appellant/Accused absconded and was declared proclaimed offender and was rearrested after five years.
29. Having heard the learned counsel for the Parties and perused the case-law produced by them.
30. All the three eye-witnesses have fully supported the prosecution case. There is absolutely no dent in their evidence. All of them were cutting grass, their presence is not denied. After going through the medical evidence, I am of the firm opinion that the act of Appellant/ Accused shows the degree of venom, he had for the Deceased. Bloodstained dagger recovered from his possession so also washed clothes, which he was wearing, had stains of blood. Motive is introduced but actually left aside and not pressed or hushed up to avoid further untoward incident.
Hence, motive is not proved. While concluding, I once again stress upon the eye-witnesses account which is unblemished. Corroborated by recovery of blood-stained crime weapon, blood-stained clothes. Chemical report positive. Since motive is not proved, hence, Appellant/Accused has been given lesser punishment.
31. After the final arguments were addressed, the Appellant/Accused decamped the Court after declaring him Proclaimed Offender kept his case on dormant file under section 512 Cr.P.C.
32. After hectic. Efforts, the Appellant/Accused was arrested after five years of his abscondance.
33. The case-law cited at bar is almost out of context. The learned counsel picked few lines from the main text and thus has tried to prove his case. Those lines which he picked should be read with full text of case-law.
34. Related witnesses cannot be disbelieved because of their relationship. Their testimony can very well be taken into account the facts and circumstances of the case and more over to evaluate their evidence if it rings true coupled with other evidence.
35. Here, I have noted that despite lengthy cross-examination, the statements of eye-witnesses remained consistent on material particulars.
36. For what has been stated and observed above it becomes clear that the prosecution has been able to prove its case beyond reasonable doubt. Consequently, this Criminal Jail Appeal merits no consideration and same is dismissed.