This Criminal Appeal arises from the judgment of the learned Additional Sessions Judge, Sahiwal, whereby he on 22-7-1980 convicted Nasir Ahmad, appellant, under section 302, P. P. C: for causing the death of Allah Dad, deceased .On 2-9-1978 at Maghrab prayer time near the Chowk of Chak No. 22/14-L and sentenced him to imprisonment for life and a fine of Rs. 5,000 in default thereof two years' R. I., with the direction that the fine if realized shall be paid to the legal heirs of the deceased as compensation under section 544-A, Cr. P. C.
2. The prosecution case as per F. I. R. Is that on the eventful day just before Iftariwaila, there ensued a quarrel between Nasir Ahmad, appellant and Allah Dad deceased over the distribution of rice in the village mosque. Allah Dad deceased, abused the appellant who became furious, brought Barchhi from his house, raising Lalkara that he would teach lesson to the deceased, he inflicted Barchhi blow on the left side of his chest. The alarm attracted Ahmad Yar P. W. 9, Falak Sher, P. V i0 and Zulfiqar (not produced) to the spot who saw the occurrence. The appellant after having inflicted the injury ran away taking the weapon of offence with him. Allah Dad in injured condition was removed to Primary Centre, Kassowal. Dr. Muhammad Arshad Rana, Medical Officer, Harrappa, P. W. 7, examined him at 2.00 a.m. On 3-9-1978 and found injury on chest, caused by sharp-edged weapon within 4 to 8 hours. He issued medico--legal report Exh. P. G. With regard to his injury. Since the condition of the injured was serious, the doctor referred him to District Headquarters Hospital, Sahiwal. Ahmad Yar P. W. 9, after obtaining the medico-legal report Eab. P. G. Left for the Police Station Shahkot to lodge report. He reached Police Station at 9.30 a.m. On 3-9-1978 and lodged F. I.
R. Eah. P. A. Which was recorded by Akhtar Ali, M9harrir Head Constable P. W. 2.
Allah Dad in his injured condition was removed to District Headquarters Hospital, Sahiwal, where he succumbed to the injury at 7.00 a.m. On 3-9-1978. The doctor sent a Ruqqa to Police Station Sadar, Sahiwal through Farman Ali, Foot Constable P. W. 4, which was delivered to Maqbool Ahmad, A. S. I.
P. W. 5, who came to the spot, prepared inquest report and sent the dead body to mortuary under the escort of Farman Ali, Foot Constable, P. W. 4.
3. Capt. Dr. Mansoor Aslam conducted the post-mortem examination on the dead body of Allah Dad and found following injury on his person :-
(1) Stab wound 1" x --"x deep going on front lower part of left chest, (Cardiac region.)
On dissection, he observed that cartilage of the 6th rib was cut at the cartilagius and there was cut of the paricardiam, left lob of liver and cardic part of stomach. In his opinion the death was due to severe haemorrhage and shock caused by solitary injury which was sufficient to cause death in the ordinary course of nature. The injury was ante-mortem. The approximate time between the death and post-mortem was about 9 hours while the time between the injury and the death was about 7 hours which could extend up to 13 hours.
4. Maqbool Ahmad, S. I. P. W. 12 arrested the appellant on 8-9-1978 who while in custody led to the recovery of blood-stained Barchhi P. 2 from underneath the roof of his residential Kotha which was taken into possession vide memo. Exh. P. J. Attested by Ghazi Muhammad P. W. 11 and Allah Yar (not produced). The Serologist's report Exh. P. M. Shows that Barchhi P. 2 was stained with human blood.
5. Nasir Ahmad, appellant, when examined under section 342, Cr: P. C. Denied the incriminating circumstances. He took the plea of his false involvement on account of enmity and in defence tendered Exh. D. 1, copy of F. I. R, No. 60 of 1976 of Police Station Shahkot.
6. To prove its case the prosecution has examined as many as 13 witnesses out of whom Ahmad Yar, P. W. 9 and Falak Sher P. W. 10 have given the ocular account of occurrence. They stated that at the fateful time they were going to village mosque when they reached the Chowk of the village they found Allah Dad, deceased, coming from the village mosque when the appellant reached there holding a Barchhi. He challenged Allah Dad that he would teach him a lesson for abusing him and inflicted Barchhi blow on the left side of the front of his chest and ran away. As for motive, they deposed that immediately before the occurrence the deceased and the appellant had a quarrel over the distribution of rice in the village mosque. Ghazi Muhammad, P. W. 11 and Maqbool Ahmad S. I. P. W. 12 have supported the recovery .Of blood-stained 13archhi P. 2, from the appellant.
Serologist's report Exh. P. M. Shows that Barchhi was stained with human blood. The rest of the evidence is more or less, of formal nature.
7. Learned counsel for the appellant has submitted that the prosecution has failed to prove its case beyond reasonable doubt inasmuch as the F. I. R. Was lodged after 15,116 hours of the occurrence with due deliberation; in the inquest report the name of the accused and eye-witnesses are not mentioned; the eye-witnesses are chance as well as interested witnesses, Falak Sher an eye- witness was examined by the appellant after three days of the occurrence; the persons residing near the Chowk who were the natural wim.esse5, have not been produced by the prosecution and Ghazi Muhammad, P. W. I1 having enmity with the appellant, the alleged recovery of Barchhi has to be excluded from consideration. In the alternative, the learned counsel argued that the offence if any, committed by the appellant would be covered by Exception 4 to section 300, P. P. C. And as such is punish--able under section 304-A, P. P. C. And not under section 302, P. P. C. The learned counsel for the State has, however, supported the judgment of the trial Court. Keeping in my mind the guiding principles laid down by the superior Court for appreciation of such like cases that the onus is always on the prosecution to prove its case on the strength of its evidence and that too beyond reasonable doubts; that the accused being the favourite child of law holds licence of telling lie and as such absence or weakness of the defence shall not rehabilitate the prosecution case; I propose to appraise and evaluate the prosecution cast in the light of the criticism of the learned counsel.
8. To start with the F. I. R. I find that the occurrence took place at about Maghrab prayer time; after the occurrence Allah Dad was removed by Ahmad Yar P. W. 9, the first informant and others to Primary Centre, Kassowa.l, where at 2.00 a.m. Dr. Muhammad Arshad Rana P. W. 7 issued medico legal report Exh. P. G. With regard to the injury of the deceased and after obtaining the medico- legal report Ahmad Yar P. W. 9, left for police station to lodge a report which was registered at 9-30 a.m. To my mind the delay in the circumstances of the case has been fully explained and as such the foundation of prosecution is not shaky. Now coming to ocular account I find that two eye- witnesses being residents of the locality and having given cogent reasons of their presence that they were going to mosque at Maghrab prayer time, cannot be termed as chance witnesses.
Furthermore since they have no direct enmity with the appellant, the mere fact that they are related to the deceased would not bring them in the category of interested witnesses. They have stood the test of cross-examination. They were subjected to lengthy cross-examination but nothing advantageous to the- defence could be elicited from them. This statement do not suffer from material contradiction; discrepancies, improve--ments or omissions. The minor discrepancies which are found here and there are but natural in the statements of truthful witnesses. The ocular account is in consonance with the probabilities, fits in with other evidence and has inspired confidence of truth in my mind. No doubt according to the eye-witness at the time of occurrence the people of the vicinity` were very much present there and they have not been examined by the prosecu--tion but this omission shall not affect the statements of Allah Yar and Falak Sher, the eye-witnesses who otherwise have been found worth credence. It is to be noted that the defence also did not dare and care to produce them. The defence even did not ask the trial Court to examine them as court witnesses. For these reasons there is no alternate but to place implicit reliance upon the ocular evidence that it was the appellant who caused the death of the deceased by inflicting Barchhi blow on his chest. Furthermore it is a case of single accused and the occurrence having taken place in day light in a Chowk, substitution was almost impossible. As for the same has also to be believed because Ghazi Muhammad P. W. 11 recovery has no direct enmity with the appellant.
9. Adverting to the alternative arguments that the act of the appellant falls within the Exception 4 to section 300, P. P. C. I would like to reproduce the same with some advantage "Exception 4.-Culpable homicide is not murder if it is committed without premeditation in a sudden light in the heat of passion upon a sudden quarrel and without the offender's 'having taken undue advantage or acted in a cruel or unusual manner."
Since in the instant case there was no fight; A6'ah Dad, deceased was empty handed; and that the petitioner inflicted Chhurti blow on the vital part of the body i.e. Left side of the chest which cut the cartilage of the 6 rib, paricacdiam, left lob of liver and cardic part of stomach, it can therefore, be safely held) that the appellant has acted in a cruel or unusual manner and has also taken undue advantage of the situation. To my mind the act of the accused is not covered by Exception 4 to section 300, P. P. C. But falls within the ambit of clause 3rdly to section 300, P. P. C. Which reads as:- "3rdly.-If it is done with the intention of causing bodily injury intended to be inflicted is sufli6ent in the ordinary course of nature to cause death."
10. For what has been stated above there being no force in the appeal the same is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.