' Nazir Hussain Shah aged 65 years, Ali Hussain 'Shah aged 40 years, Niaz Ali Shah aged 25 years, Yateem Hussain aged 60 years, Irshad Hussain aged 37 years and Niamat Ali aged 32 years have come up in appeal against their conviction under sections 307/159 and 452, P. P. C. All these six accused were convicted by Mr. A. R. Sharif, Magistrate Section 30, Narowal by order dated 30th June, 1975, under section 307/149, P. P. C. And sentenced to five years' R. I. And a fine of Rs, 200 or in default two months' R. I. Each on each count for causing injuries to Mst. Razia, Maqbool Hussain and Alam Shah. They were also convicted under section 452, P. P. C. And sentenced to one year's R. I.
And a fine of Rs, 100 or in default one month's R. I. Each. Their six co-accused were, however, acquitted.
2. The F. I. R. Exh. P. A. Was lodged by Ghulam Abbas P. W. 1 on 13th December, 1962, at 9-00 p. m. It was alleged that on that day at 8-10 a. m., he heard alarm from the house of Alam Shah P. W. And saw over the wall that Nazir Hussain armed with hatchet, Ali Hussain armed with Mohri, Niaz Ali armed with hockey, Yateem Hussain and Irshad Hussain both armed with dangs and Niamat Ali armed with a darant alongwith the acquitted accused trespassing into the house of Alam Shah.
Nazir Hussain challenged whereafter Ali Hussain accused gave Mohri blow, to Mst. Razia P. W. On her head, Niaz Ali accused gave two hockey blows to Mst. Razia on her lips and knee. Nazir Hussain gave hatchet blow which fell on the ear o Maqbool Hussain who had gone ahead to rescue his wife Mst. Razia P. W. Niamat Ali accused gave Darant blow to Maqbool Hussain who fell down. Irshad Hussain and Yateem Shah gave stick blows on the head and arm of Maqool Shah. Thereafter, Yateem Shah and Irshad accused gave beating with dangs to Alam Shah who received injuries on his head, ribs etc. Shaukat Ali (given up P. W.) a son of Alam Shah was beaten by Fayyaz-ul-Hassan etc. Acquitted accused. After the occurrence which was witnessed by Altaf Hussain P. W. 2, Anwar Hussain P. W. 6 as well, Ghulam Abbas etc. Took the injured to a nearby dispensary, got them medically examined and treated and thereafter lodged the F. I. R. Exh. P. A. The accused Were challaned and convicted as stated above.
3.. During the trial, the prosecution examined Ghulam Abbas P. W. 1, Altaf Hussain P. W. 2 Maqbool Hussain P. W. 3 (injured) Alam Shah P. W. 4 (injured), Mst. Razia P. W. 5 (injured) and Anwar Hussain as the eye-witnesses. Dr. Muharhmad Hussain P. W. 7 had medically examined the three injured witnesses and Shaukat Hussain given up P. W. He found three injuries by blunt weapon on the person of Mst. Razia, vide his report Exh. P. E. Two of these injuries were grievous. He found six injuries on the person of Maqbool Hussain P. W., vide his report Exh. P. F. All these injuries were of simple nature. Two injuries had been caused by sharp-edged weapon while the rest were by blunt- weapon. Alam Shah, vide report Exh. P. G. Was found to be haying five injuries by blunt weapon, two of which were grievous in nature. Shaukat Hussain had nine injuries, one of which was by sharp- edged weapon and the rest by blunt. All these were simple in nature. During the investigation it was found that Mst. Said Begum and Saghir Hussain acquitted accused were injured. They had- two blunt weapon simple injuries each on their persons. One injury to each one of these two was on their head. Niaz Ali appellant had three blunt weapon injuries on his person, one of which was on his head. Ali Hussain appellant had nine injuries on his head, _chest and scapula by blunt weapon though of simple nature. These accused were examined by Dr. Muhammad Naeem D. W. 3; Their medico-legal reports are Exh. D. A., Exh. D. C. Exh. D.B. And Exh. D.D., respectively. Fazal Hussain S.-I. P.
W. 10 investigated this case. The rest of the witnesses were formal in nature.
4. I have gone through the entire evidence on record with the assistance of learned counsel for the appellants and the State. I find that the case against the appellants is not free from doubt. There is a delay of 12 hours in lodging of the F. I. R. It is correct that the F. I. R. Was lodged after the medical examination of the injured witnesses which was completed at about 12-00 noon. Even then after the medical examination of the injured witnesses, there is a delay of about nine hours in lodging of the F. I. R. This has not been explained by Ghulam Abbas P. W. Secondly, as stated above, four accused including two of the appellants were found to be injured. Their injuries have not been mentioned/explained in the F. I. R. No one of the eye-witnesses including the injured witnesses have explained the injuries on the person of the accused. They were examined on the day of the occurrence at about 3-00 p. m. By Dr Muhammad Naeem D. W.
3. The accused are stated to have been arrested on 16th December, 1969 but strangely enough the Investigating Officer Fazal Hussain did not prepare their injury statements. This means that the investigation was not conducted in accordance with the rules. This fad plus the injuries on the persons of the accused makes the delay in lodging of the F. I. R. Fatal for the prosecution case.
There is no recovery of any crime weapon from the accused. All the witnesses are closely related to each other. Alam Shah, Maqbool Hussain, Anwar Hussain and Manzoor Hussain P. Ws. Are married to sisters of Ghulam Abbas P. W. Mst. Razia P. W. Is wife of Maqbool Hussain P. W. Altaf Hussain P. W.
Is a cousin of Abbas P. W. Thus, all the witnesses are closely related with each other and had a motive to depose against the accused-appellants. Not only this that they are closely inter-related, they are on inimical terms also with the accused. It is admitted by Ghulam Abbas P. W. 1 and also by Alam Shah P. W. 2 that civil and criminal litigation is going on between them and accused. Alam Shah P. W. At the end of his cross-examination admitted that he had falsely implicated his real brother Karam Shah in a case under section 307/34, P. P. C. It is further admitted by him that actually he had been given injuries by his nephews (sons of Karam Shah) but in a spirit of vengeance he had included the name of his brother Karam Shah. This admission indicates the character and the mind of Alam Shah P. W. In this view of the matter, it cannot be ruled out that the story put forth by Ghulam Abbas P. W. In the F. I. R. Was also a fabrication and a concoction. All the accused are closely inter se related. It appears that the entire family including the old members of the family and the women folk were dragged in this case. No crime weapons were recovered from the accused. The fact that all the witnesses are deeply interested being inter-related and inimical towards the accused and the fact that they have not explained the injuries on the persons of the accused and also that the F. I. R. Was lodged after considerable unexplained delay and there is no independent corroborating evidence against the accused, makes the whole case against them doubtful. I give them the benefit of doubt and acquit all the six appellants. They are on bail. Their bail bonds and sureties shall stand discharged.