' Through this Jail Appeal the appellant seeks to assail his conviction on a charge under section 302 read with section 34, P. P. C. For causing the murder of Muhammad Sharif deceased, and also on a charge under section 307, P. P. C. Read with section 34, P. P. C. For causing murderous assault on Tariq Mehmood P. W. 10 recorded by the Additional Sessions Judge, Lahore on 28th February, 1982.
At the conclusion of the trial on the charge under section 302/34, P. P. C. The appellant was sentenced to undergo life imprisonment and to pay a fine of Rs, 5,000. In default of payment of fine it was ordered that the appellant shall undergo further R. I. For a term of six months. On the charge under section 307 read with section 34, P. P. C. The appellant was sentenced to undergo R.
1. For a term of seven years and to pay a fine of Rs, 2,000. In default of payment of fine it was ordered that the appellant would undergo further R. I. For a term of two months. The sentences were ordered to run concurrently. The learned trial Judge further allowed the benefit of the period of detention to be taken into account while computing the sentence under section 382-B, Cr. P. C.
The learned trial Judge declined to order the award of compensation to the injured under section 544-A, Cr. P. C. On account of extreme poverty of the appellant.
2. The case against the appellant and the co-accused Muhammad Akram alias Akru was registered on the basis of the statement of Altaf Hussain P. W.
15. The said statement on the basis of which a formal F.
1. R. Was drawn, was recorded on 21st July, 1980 at 10-40 p. m. By Altai Ahmad S. I. P. W.
13. The formal F. I. R. Was drawn by A. S.-I. Babu Khan P. W. 1 Police Station, Ichhra, Lahore.
3. The background of the crime was that the appellant had quarrelled with the deceased Muhammad Sharif on some dispute for wages. On the 3rd day of quarrel i. e. 21st July, 1980, the day of occurrence, the appellant and the co-accused Muhammad Akram alias Akru absconder attacked Muhammad Shard deceased with chhuri and in course of attack they also injured Tariq Mehmood, P. W.
10. The deceased died at the spot 'while Tariq Mehmood P. W. 10 was taken to hospital. The occurrence had taken place in the Amin Street Mohallah Sardarpura Ichhra, Lahore situated at a distance of three furlongs from the Police Station.
4. The occurrence was witnessed by Altaf Hussain P. W. 15 and Salamat P. W. Who was not produced at the trial. The appellant was arrested on 28th October, 1980 and on 2nd November, 1980 he got bloodstained. Chhuri P. 5 recovered from Ichhra graveyard, Pir Ghazi Road, Lahore. The recovery was witnessed by Ikhlaq Ahmad Khan P. W. 12 and the Investigating Officer Javaid-u1- Hamid S. I. P. W.
14.
6. At the trial, the prosecution sought to establish its case through ocular testimony and the evidence as to the motive and the recovery of blood-stained chhuri. Adverting to the ocular testimony, I have very carefully gone through the statements of both the eye-witnesses, the injured, and the complainant. The presence of the injured Tariq Mehmood P. W. 10 at the spot cannot be doubted because he bears the stamp of injuries. Similarly I have found no fault with the testimony of the complainant, who had very promptly lodged the F. I. R. And therefore, the question of false implication does not at all arise, because there was no time for deliberation. It was argued before me that this being a night occurrence the question of identification goes to the root of the case, and it was not possible for the witnesses to have identified the culprits. I do not find any merit in the contention of the learned counsel, inasmuch as, the injured P. W. Could not have erred to identify culprits, nor there was any necessity to substitute the appellant with the real culprits. There is no enmity between the witnesses and the appellant and therefore, in my estimation they are truthful witnesses. The injured Tariq Mehmood P. W. 10 is teenager and had no motive of his own to involve the appellant falsely.
7. At the trial besides the motive narrated in the F. I. R. Tariq Mehmood P. W. 10 also stated that the appellant, with a view to satisfy his unnatural lust, had an eye on him. It is also borne out by the evidence that even on the morning of the day of occurrence both the deceased and the appellant quarrelled with each other.
8. Be that as it may, the very complexion of the case does indicate bitter feelings and therefore, the prosecution evidence with regard to the motive has to be believed.
9. As far as evidence of the recovery of blood-stained chhuri at the instance of the appellant is concerned, after anxious consideration, I am of the view that the evidence on this aspect of the case also rings true. The medical evidence further corroborates the prosecution case because both the deceased and the injured P. W. Had received injuries with the sharp-edged weapon.
10. I must state hear that since it was Jail Appeal besides the assistance rendered by the learned counsel, I have very carefully considered all the features of the case, and I have come to the conclusion, that the prosecution has been successful to establish its case beyond any shadow of doubt.
11. For the foregoing reasons, this appeal is hereby rejected.