1. ' Appellant abovenamed, being aggrieved by judgment, dated 17th July, 1977, of the learned Additional Sessions Judge Dachi in Sessions Case No,106/74, by which appellant has been convicted under section 324, P.P.C. And sentenced to suffer R.I. For 12 months and also to pay compensation of Rs,300 to injured Imam Bux, failing which to suffer further Rvl. For 3 months, has preferred the above appeal, on the following facts and grounds:-- ' Prosecution case in brief is that P.W. Imam Bux was employed as a private servant with Special Police encamping at village Bakhir Jamali Taluka Johi. It is further alleged that P.W. Imam Bux had vacated his own house and provided to the Police party for their camp. Appellant Chhattan Shah was employed as a Police Constable on guard duty, alongwith many others. On 2nd October, 1973 at about 11-00 a.m. The appellant was on duty to guard Arms and Ammunition stored in the camp when he demanded a glass of water from Imam Bux. The latter refused to do so, explaining that he was tired and besides he was fasting, as it was the month of Ramazan. Appellant Chhattan Shah got angry, issued abuses to him and fired a rifle shot at Imam Bux, which hit him on the right side, of his neck. He fell down and raised an alarm, whereby A.S.I.P. Dil Muhammad, alongwith police constable was attracted to the place of incident. P.W. Pathan brother of Imam Bux, P.W. Minhan his cousin and some other persons from the village also arrived at the Vardat. Police Constables Piral and Ghaffar were present in the house. Imam Bux narrated the incident to A.S.I.P. Dil Muhammad, who directed Police Constable Misri Khan to accompany him to Johi Police Station, where Imam Bux lodged report at 10-20 p.m. As no trasport was available. A.S.I.P. Dil Mohammad secured the rifle and 49 live bullets from the possession of Chhattan Shah and informed Inspector Doda Khan about the incident.
2. ' Report of the incident was recorded by A.S.I.P. Ali Khan, who after noting injuries on the person of Imam Bux and recording the statements of Misri Khan referred the injured to medical officer Johi.
3. He visited the scene of offence, in presence of Mashirs Bakhar Khan and Bhawal. A.S.I.P. Dil Muhammad produced the rifle and bullets before the Investigating Officer, who secured the same, took out an empty bullet from the chamber of the rifle and sealed these articles in presence of the same Mashirs. He recorded the statements of A.S.I.P. Dil Muhammad and after interrogating appellant Chhattan Shah arrested him. Later on he recorded the statement of Abdul Ghaffar, Pir Bux, Minhan and Pathan. The 'rifle and empty bullet were sent to the ballistic Expert by the S.H.O.
4. Whose report shows, that the empties had been fired from the said rifle. On completion of investigation the appellant was challaned in the lower Court and after a lengthy committal enquiry, he was committed to the Court for trial.
5. ' At the trial apnellant Chhattan Shah pleaded not guilty, while the prosecution examined Imam Bux P.W.1, Pathan P.W.2, Dil Mohammad P.W.3, Abdul Ghaffar, P.W.4, Piral P.W.5, deposition of Dr. S. M.
6. Hashim, recorded in the lower Court was tendered in evidence under section 509, Cr.P.C.
7. ' In his statement appellant Chhattan Shah denied the entire allegations against him and alleged that the witnesses have deposed falsely. He however, declined to adduce any evidence in defence.
8. ' The learned trial Court taking into consideration the evidence adduced before it, convicted the appellant abovenamed as hereinbefore mentioned and consequently the appellant has filed the above appeal, on the grounds mentioned in the memo, of appeal. The learned Advocate for the appellant in support of the above appeal submitted as under:--
(a) That P.W. Peeral and Ghaffar alleged eye-witnesses mentioned in the F.I.R. Did not support the prosecution witnesses.
(3) That there is difference in the medical and the ocular evidence, as according to doctors the injuries were on account of cartridge and not on account of pellets, which could have been fired from the (c) That even otherwise, prosecution witnesses have failed to establish the prosecution case beyond reasonable doubt, on account of material contradictions in their statements specially that of P.W. Imam Bux before the learned trial Court and before committal Court, which has been brought on record.
9. ' The learned Advocate appearing for the State on the other hand submitted, that the prosecution has established its case beyond reasonable doubt, by the statements of the prosecution witnesses and on account of recovery of gun together, with the Ballistic Expert report and as such he fully supports the impugned judgment.
10. ' I have carefully considered the above submissions made by the learned Advocates before me and have gone through the R & P of the learned trial Court as well as impugned judgment.
11. ' P.W. 1 Imam Bux is injured, who in his statement before the learned trial Court confirmed his version of the incident, as given in F.I.R., by him. In his cross-examination he denied -that in committal Court he had stated that his finger touched the trigger and as result thereof he received injury on his neck. In view of this, his committal Court statement extract was brought on record as Exh.7. In his cross he further stated, that he went unconscious on receiving injury and regained his senses in the evening.
12. ' P.W. 2 Pathan is the brother of P.W.1. He has corroborated the statement of P.W.1 as given before the learned trial Court and in F.1 .R. He is, however, not an eye-witness of the incident. In his cross he admitted that his brother P.W.1 was unconscious at Vardat and regained his senses, when they reached police station. He further stated, that F.I.R. Was dictated by P.W. Miran.
13. ' P.W. 3 Dil Muhammad is A.S.I. Police and reached Vardat on gunshot report and found P.W. 1 injured, who narrated to him the incident as mentioned in F.I.R. According to this P.W. Imam Bux was conscious at that time. P.W. 4 Abdul Ghaffar is also not an eye-witness of incident. His statement is more or less same as P.W.3. He however said, that P.W.1 regained his consciousness in 15 minutes of the incident and narrated to him the incident. P.W. 5 Piral is constable. His statement is more or less same as P.W.3 P.W.4 as he also does not claim to have seen the incident. P.W. 6 Bakhar Khan is formal witness about arrest of appellant and production of rifle and bullets by A.S.I. Dil Muhammad.
14. P.W. 7 All Khan is 1.0. His statement is formal. He produced Ballistic Expert Report as Exh.
15. 22.
16. P.W. Dr. S. M. Hashim, his statement was brought on record under section 509, Cr.P.C. This P.W. In his statement stated that injuries received by P.W. 1 were simple. He further stated, that firing was done from distance of 12 foot, but not by rifle, as injury was not of a bullet.
17. ' Appellant in his statement under section 342. Cr.P.C. Denied all allegations levelled against him and alleged enmity.
18. I have carefully gone through the statements of above P.Ws. There are material contradictions in the statement of P.W.1 before the learned trial court and before the committal court as per Exh.
7. In addition to this, according to P.W. Dr. S. M. Hashim, injury on person of P.W.1 was from cartridge and not by bullet from Rifle. In view of this statement of P.W.1 cannot be relied upon without independent corroboration, which is not at all available in present case, as the statements of P.Ws., 2, 3, 4 & 5 are based on the statement of P.W.1, as according to these P.Ws., it was P.W.1, who narrated to them the incident. It is now settled law, that one weak piece of evidence cannot corroborate the other weak piece of evidence. Appellant has alleged enmity but has brought no evidence on record to substantiate the same. Still I am of the opinion, that prosecution has failed to establish its case against the appellant, beyond reasonable doubt.
19. ' Therefore, I allow the above appeal and set aside conviction of the appellant and sentence awarded to him, and acquit him, by giving benefit of doubt and discharge the bail bonds executed by appellant in above appeal.