1. ' GULBAZ KHAN, J.--The case was tried by the learned Additional Sessions Judge, Sheikhupura.
2. Liaqat Shah, Sana Shah, Shah Nawaz, Zubair Shah, Nazar Shah and Mst. Battan were convicted on 24-6-1978, under sections 148, 452/149, 302/149, 307/149, P.P.C. while Zaka Shah and Muhammad Shah were acquitted of the charges. Liaqat Shah, Sana Shah, Shah Nawaz, Zubair Shah, Nazar Shah and Mst. Battan were awarded the following sentences:-- ' Liagat Shah One year's rigorous imprisonment each' under section 148,Sana Shah P.P.C: ' Shah Nawaz Two years' rigorous imprisonment each under section 452/Zubair Shah 149, P.P.C.
3. ' Nazar Shah Five years' rigorous imprisonment each and a fine of Mst. Battan Rs,1,000 each or in default further rigorous imprisonment for three months under section 307/149, P.P.C. for making murderous assault on Mst. Safia Bibi.
4. ' Five years' rigorous imprisonment each and a fine of Rs,1,000 each or in default further rigorous imprisonment for three months under section 307/149, P.P.C. for making murderous assault on Mst.
5. Rasoolan Bibi P.W.
6. ' Liaqat Shah Death sentences to each of them and a fine of Rs,5,000 Sana Shah each or in default rigorous imprisonment for six months Shah Nawaz under section 302/149, P.P.C. on each of the four counts Zubair Shah for the murders of Abdul Haq, Mehdi Shah, Mukhtaran Nazar Shah and Mst.
7. Akhtari.
8. ' Msi. Battan Life imprisonment and a fine of Rs,2,000 or in default rigorous imprisonment for six months under section 302/149, P.P.C. on each of the four counts for the murders of Abdul Haq, MOW! Shah, Mat. Mukhtaran and Mst. Akhtari.
9. ' In case of realisation of fine, the legal heirs of Mehdi Shah, Abdul Haq, Mst. Mukhtaran and Mst.
10. Akhtari deceased, except the convicted accused, were ordered to be paid Rs,8,000 for Their respective murdeRs, ' Mst. Safia Bibi and Mst. Rasoolan Bibi were ordered to be paid Rs,4,000 each.
11. ' The substantive sentences of Mst. Battan were ordered to run concurrently.
2. The appeal filed by Liaqat Shah, Sane Shah, Shah Nawaz, Nazar Shah, Zubair Shah and Mst.
12. Batten and the Murder Reference art being disposed of together.
13. ' Liaqat Shah, Sana Shah, Shah Nawaz, Zubair Shah, Nazar Shah appellants are the sons while Mst.
14. Battan appellant is the daughter of acquitted accused Muhammad Shah. The other acquitted accused Zaka Shah is a brother of Liaqat Shah, etc. Mehdi Shah deceased was brother's son of Muhammad Shah accused while Abdul Haq deceased ',gas son of another brother of Muhammad Shah accused. Mehdi Shah deceased was married to Mat. Battan accused 14/15 years prior to the, present occurrence and she gave births to three sons. She was in the habit of quarrelling with her husband. Since she had six brothers, Mehdi Shah deceased used to keep quiet. Four years before the occurrence, Mehdi Shah deceased contracted a second marriage with Mst. Akhtari, who was a prostitute. Mst. Batten accused along with her children started living in a spate house. Mehdi Shah deceased used to pay them maintenance allowance. The appellants were annoyed with kehdi Shah deceased on account of the second marriage.
4. On 15-10-1975, in the morning, Mst. Surayya a :teal sister of Mst. Battan accused went to the house of Mst.Akhtari deceased and abused Mst. Akhtari. Mst. Mukhtaran deceased and Mst. Akhta re deceased gave fist blows to Mst. Surayya who returned to the house of her father Muhammad Shah accused to lodge a protest. On the said day, at about 1.00 p.m. Mehdi Shah deceased accompanied by Abdul Ilea deceased went to the house of Ahmad Shah complainant (P.W.6) with a request that they should ask Nazar Shah, etc. not to take up the matter seriously. Feroze Shah (P.W.7), Rajey Shah, Hayat Shah and Zubair Shah son of Qaim Shah (not produced) were present when, the two deceased had made the request. In the meantime, Zubair Shah, Nazar Shah, Liaqat Shah, Shah Nawaz appellants armed with guns, Sane Shah appellant armed with .12 bore pistol, Mst. Battan appellant, Muhammad Shah and Zaka Shah acquitted accused empty handed came to the house-of Ahmad Shah, in search of Mehdi Shah, to avenge the insult. Mst. Battan appellant and Muhammad Shah accused gave out Lalkara that the family of Mehdi Shah be wiped out whereupon Abdul Haq deceased went ahead for entreating the appellants. Zubair Shah and Nazar Shah appellants fired one shot each at Abdul Haq deceased who fell down. Shah Nawaz and Liaqat Shah appellants fired gun shots at Mehdi Shah deceased. Sana Shah fired pistol shots at Mehdi Shah and Abdul Haq deceased. The two deceased expired at the spot immediately.. NUL Safia Bibi (P.W.9) and her mother Mst. Rasoolan Bibi (P.W.10) implored but they were fired at by Shah Nawaz and Sana Shah appellants. The shots hit the two ladies. Mst. Batten appellant and Muhammad Shah accused shouted that Mst. Akhtari and Mst. Mukhtaran who were the root cause, were still alive and they should be finished whereafter the six appellants and the two acquitted accused went to the house of Mehdi Shah. Ahmed Shah, Feroze Shah, Rajey Shah, Hayat Shah and Zubair Shah son of Qaim Shah followed the appellants and their co-accused to the house of Mehdi Shah.
15. On reaching the house of Mehdi Shah deceased Zubair Shah appellant fired two shots at Mst.
16. Mukhtaran deceased who was present in the courtyard. Mst. Mukhtaran deceased fell down on receiving the fire shots. Shah Nawaz appellant fired two more shots at Mst. Mukhtaran deceased.
17. Mst. Battan appellant, Muhammad Shah and Zaka Shah acquitted accused, shouted that Mst , Akhtari deceased was inside and that she should be done to death, whereupon Nazar Shah, Liaqat Shah and Sana Shah entered the Kotha and fired shots at Mst. Akhtari deceased who expired immediately. After the occurrence, the appellants and their co-accused fled away.
5. Ahmad Shah complainant reached Police Station, 1)11angtan wale, on 15-10-1975, at 2.30 p.m. after covering a distance of eight miles and lodged F.I.R. Exh.P.A. which was recorded by Muhammad Ashraf A .S.I. The A.S.I. reached the spot and prepared injury statements and inquest reports of the four deceased. He also prepared the injury statements of Mst. Safia Bibi and Mst.
18. Rasoolan. He sent the dead bodies for post-mortem examination and the injured witnesses for medical examination. He collected blood-stained earth from the places of murders of the four deceased and sealed them into parcels. He took into possession four empties of .12 bore P. 11/1-4 from near the dead body of Mat. Akhtari. He also took into possession the broken shutter of the resla/lential Kotha of Mehdi Shah deceased.
6. Musht4 Ahmed S.H.O. partly investigated this case. He took into possesvion the clothes of the four deceased. He arrested the accused on 17-10-1.975 and 18-10-1975. On 29-10-1975, Zubair Shah accused, while in police custody, produced gun P.10, which was sealed into a parcel. On the said date, Nazar Shah accused produced gun P.11, which was aealed into a parcel. The house of Nazar Shah accused was searched by the S.H.O. Another gun P.12 was found under a cot and it was taken into possession. The accused were challaned after investigation.
7. Doctor Abdur Razzaq, who had conducted post-mortem examinations of the four deceased, namely, Abdul Haq, Mehdi Shah, Mst. Mukhtaran Bibi and Mst. Akhtari Bibi and medically examined Mst. Rasoolan Bibi and Mst. Safia Bibi, was not available for evidence in Court au he had left for Libya and there was no hope of his early return to Piikistan. The post-mortem reports and the medico-legal reports were proved through the statement of Sardar Ali Dispenser (P.W.8).
19. ' Dr. Abdur Razzaq conducted post-mortem examination on the dead body of Abdul Haq, on 16-10- 1975, at 11-45 a.m. and he found the follow it injuries on his person:--
(1) A fire-arm entrance wound 14" x 1" situated on the right side of the back of the occipital bone.
20. The edges were inverted and black. The skull was shattered. The brain matter was shattered. The wound was passing into the right orbital and the right eye was missing. Pieces of orbital were blown out. There was wound of exit 2" x 2". Round-card board and two pellets found in the woe nil.
(2) Eight fire-arm wounds situated on the back of lateral side of the left upper arm 4" below the shoulder, at the level of the axilla. These were in an area of 4" x 2-314".
(3) Eight: firearm wounds situated on the front lateral aspect of the left aide of the chest.
21. ' There was no burning of the wounds of entrance. The dimension of each wound was i" x i" in an area of 7" x 24". There was fracture of 5th, 6th , 7th, 8th, 9th and 10th ribs. There were two exit wounds 3/4" x i" eech situated in the lower part of the back of the left side of the chest , separated from each other, by a distance of 1".
22. ' In the opinion of the doctor, the death was due to shock and hemorrhage on account of injuries Nos. 1 and 3, which were sufficient to cause death in the ordinary course of nature. All the injuries had been caused logy fire-arm. Death ensued instantaneously. The time between death and post- mortem examination was about 24 houRs, ' The same doctor conducted autopsy the same day, at 1-00 p.m., on the dead body of Mehdi Shah and noticed the following injuries:--
(1) A fire-arm entrance wound 2" x 4" surrounded by multiple small wounds situated on the back of the lower part of the left side of the chest. The wound was oval in shape and was passing alongwith the vertebral column of the left side. The wound was 9" below the 7th cervical vertebrae. The underlying vertebrae was perforated. There was rupture of the left lung and of the heart. There were two exit wounds at the level of right nipple, each measuring 34" x 4", round card board found in the right chest cavity. There was burning and blackening of the wound of entrance.
(2) Four fire-arm wounds of entrance situated in the front lateral aspect of the left side of the chest in area of 7" x 54". These were separate from each other, in the lower part of the chest with perforation of the right lobe of the liver. Left side of the diaphragm also perforated. There were five exit wounds in front of the right side of the abdomen. These exit wounds were separate from each other, each i" x 4".
23. ' In the opinion of the doctor, the death was due to shock and hemorrhage on account of injuries Nos. 1 and 2, which were sufficient to cause death in the ordinary course of nature. Injuries had been caused with fire-arm.
24. ' The same doctor conducted post-mortem examination on the dead body of Mst. Mukhtaran Bibi, on 16-10-1975, at 10-00 a.m. and found the following injuries:--
(1) A fire-arm entrance wound, irregular in shape 2" x 4" situated on the lower part of the occipital bone of the right ear. There was bleeding and burning on the edges of the wound. The skull had fractured. There was fracture of the underlying cervical vertebrae. The spinal cord was blown out.
25. The wound was passing from right to the left side of the neck.
(2) Eight fire-arm entrance wounds, situated on the front medial side of the right upper arm 1" below the shoulder. These were separate from each other in an area of 4" x 3". There was no burning or blackening of the edges of the wound. There were also four fire-arm entrance wounds situated on the front lateral side of the lower part, near axilla. These were passing through the right side of the chest. The right lung and upper lobe were perforated. The 5th and 7th vertebrae were perforated. There was perforation of the heart and the left lung lower lobe and rupture of the spleen. There were two exit wounds in the left scapula 4" x i" each. These were separate from each other by a distance of 14". There was fracture of 7th and 8th left ribs.
26. ' The death in this case was due to shock and hemorrhage on account of injuries Nos. 1 and 2, which had been caused with fire-arm. Both the injuries were sufficient to cause death in the ordinary course of nature.
27. ' Post-mortem examination was conducted on the dead body of Mst. Akhtari Bibi and following injuries were found on her body:--
(1) A fire-arm wound irregular in shape, 54" x 3" x 3/4" deep situated on the front of the left thigh lower 1/3". There was burning and blackening of the wound. A card-board was found in the wound.
(2) An abrasion 4" x 2" situated on the front of the left side of the upper part of the abdomen 21" above the umbilicus. There was blackening around it.
(3) Four fire-arm entrance wounds, in an area of 11" x 11" situated in the back of the right hand near the wrist. There was blackening of the edges of the wound. There was fracture of the 2nd, 3rd and 4th metacarpal bone. The wound of exit was on the palmer surface of the hand and was 2" x 1".
(4) A fire-arm lacerated entrance wound 11" x 1" on the right temporal region, 11" above the right ear. 'here was no burning or blackening of the edges of the wound. The skull was fractured. No fracture of the cranial fosse.
(5) A fire-arm entrance wound, oval in shape 14" x 11" situated at the back of the right side of the abdomen. They, was blackening and burning of the edges of the wound.
28. ' Death in this case was due to shock caused by injury No,
5. This injury was sufficient to cause death in the ordinary course of nature. All the injuries had been inflicted by fire-arm. Injuries Nos. 3, 4 and 5 were grievous while Nos. 1 and 2 simple.
29. ' Mst. Rasoolan Bibi was medically examined on 16-10-1975, at 2.00 a.m. and following injuiies were found on her person:--
(1) Two fire-arm wounds of entrance, separated from each other by a distance of 21"; one was situated on the back of the right elbow; the second was on the upper arm. The dimension was 1" x 1" x 1". There was no burning or blackening of the wound.
(2) A L(Shaped) wound 2" x 1" x 1/8" on the back of right fore-arm 14" below the elbow joint.
(3) A fire-arm wound of entrance I" x I" situated 21" below the right elbow joint.
(4) A fire-arm wound of entrance 1" x 1" on the lateral side of right fore-arm and in the middle, the exit wound was 3/4" x 3/4" on the back side 11" from the wrist.
30. ' All the injuries were simple. Injury No, 2 was the result of blunt weapon while the remaining were caused by fire-arm and within twelve hour's duration .
31. ' Mst. Safia Bibi was medically examined by the same doctor on 16-10-1975, at 2-00 a.m and following injuries were found on her person:--
(1) A fire-arm wound of entry 1" x 1" on the front of the right thigh on the lower part. There was no burning or blackening around the wound. The exit was on the medial side of right thigh 4" x i" and it was 51" above the knee.
(2) A fire-arm wound of entry .1" x 4" on the medial side of the upper part of the right thigh. There was exit wound 3/4" x 1" on the medial side, 3" away from the wound of entry.
(3) Three wounds of entry on the medial side of the left thigh on the upper part 64" above the knee.
32. The dimension was 4" x 4". The wounds of exit were on the back of left thigh in the upper part,.
33. ' All the injuries were caused with fire-arm, which were simple in nature. The duration was about twelve houRs,
8. The prosecution examined twelve witnesses in all. Ahmad Shah (P.W.6), Feroze Shah (P.W.7), Mst.
34. Safia Bibi (P.W.9) and Mst. Rasoolan Bibi (P.W.10) gave the eye account of the occurrence. The last mentioned two witnesses had received injuries during the occurrence. The other eye-witnesses, namely, Rajey Shah, Hayat Shah and Zubair Shah were given up as unnecessary. Anwar (P.W.3) and Mushtaq Ahmad Sub-Inspector (P.W.12) proved the recoveries of guns P.10 and P.11 from Zubair Shah and Nazar Shah accused. As mentioned in the earlier portion of the judgment, Muhammad Ashraf A.S.I. and Mushtaq Ahmad Sub-Inspector had conducted the investigation. Rest were the formal witnesses. The main features of the case have already been mentioned in pares. Nos. 3 and 4 of the judgment. The four eye-witnesses fully supported the prosecution case.
9. The case of the appellants was that of denial. It was admitted by the accused that Mehdi Shah deceased had contracted a second marriage with Mst. Akhtari Bibi deceased, a prostitute, four years before the occurrence and Mehdi Shah deceased had provided her a new house. Sena Shah accused stated that he was not present at the spot and had taken his servant Allah Ditta to Jhalar Gangapur, for treatment, one day before the occurrence as his servant had suffered a head injury and that he returned to his village on the day of occurrence in the evening.
35. ' Shah Nawaz accused attributed the case to enmity and he made the following detailed statement:-- "There was enmity because of the murder of parents of Mehdi Shah deceased. Mat. Zubaidah daughter of Ahmad Shah son of Qaim Shah is my wife. My father-in-law Ahmad Shah son of Qaim Shah died about 18/19 years back and my wife inherited 36 acres of land from her father as his sole issue. Abbas Ali Shah uncle of Zubaidah wanted the hand of Mst. Zubaidah for marriage with his son Anwar-ul-Haq. Mst. Zubaidah's mother refused to marry her with Anwar Shah. Abbas Ali Shah produced two other ladies on 16-9-1971 and got executed a Hibba about the landed property of my father-in-law in favour of his own son Khizar Hayat. My mother-in-law learnt about that false Hibba and for this reason she refused to marry Mst. Zubaidah with Anwar Shah. In August, 1974, Mst.
36. Zubaidah's mother married Mst. Zubaidah with me. I got a copy of Hibba mutation and filed appeal against that mutation. That appeal was decided in my wife's favour on 14-3-1975 and Hibba mutation was cancelled. Abbas Shah filed appeal, which was dismissed on 7-6-1975 by the Commissioner. The real daughter of the sister of Abbas Shah is wife of Ahmad Shah complainant.
37. Because of cancellation of Hibba mutation, Ahmad Shah complainant is also our enemy. On the day of occurrence myself and Zaka Shah accused were irrigating our lands in Khairay Khurd, 4/5 squares away from my village and we were not present at the spot at the time of occurrence I am innocent."
38. ' Zaka Shah accused corroborated Shah Nawaz by stating that both of them were irrigating their fields at the time of occurrence.
39. ' Zubair Shah did not admit his participation in the occurrence and attributed the case to enmity.
40. He denied to have produced gun P.10, on 29-10-1975. He, however, admitted that gun P.11 was his licensed gun.
41. ' Same was the statement of Nazar Shah who also stated that he had not produced gun P.11 from his house on 29-10-1975. He claimed the gun P.10 as his own. When asked as to why the case had been made out against him, he came out with the following explanation:-- "Abdul Haq Shah deceased, Shahnay Shah, Obaid Shah, Hussain Shah, Anwar Shah, Majid Shah and Sarwar Shah, murdered the parents of Mehdi Shah deceased near Dhoka Mandi. Myself, Latif, a maid servant of Hakim Shah who has named Mst. Bashiran and another person named Labha, had seen those murders of the parents of Mehdi Shah deceased. Master Latif resident of Sharaqpur was also with us. Then I lodged F.I.R. Trial was made. Abdul Haq Shah deceased was in that case sentenced to R.I. for life by the Sessions Court. Obaid Shah, brother of Abdul Haq Shah was awarded the same sentence. Shahnay Shah brother of Abdul Haq deceased was sentenced to death.
42. Hussain Shah was also sentenced to death. Anwar Shah was also sentenced to death. Majid Shah was sentenced to death. Sarwar Shah was acquitted. In appeal, the High Court confirmed the death sentence of Anwar accused but acquitted the remaining accused. Ahmad Shah and others, the complainant party in this case had killed the four deceased of this case named Mehdi Shah, Abdul Haq, Mat. Akhtari and Mst. Mukhtaran and falsely implicated us. We are innocent."
43. ' Mat. Battan also denied her participation. She stated at the trial that the father and mother of Mehdi Shah deceased were murdered and in that case, Nazar Shah accused who was her brother, was complainant and because of that enmity, she along with other members of the family, was implicated falsely.
44. ' Muhammad Shah and Liaqat Shah denied the prosecution allegations .
10. The learned counsel for the appellants contended that the motive set up by the prosecution was improbable and unnatural whereas the defence plea set up by the accused was correct; that the prosecution witnesses were interested and their statements could not be relied upon without independent corroboration; that an attempt had been made to involve the entire family and many innocent persons had been roped in; that the case of Zubair Shah and Nazar Shah was distinguishable from the case of other accused; that the case of Mst. Battan was at par with the case of Muhammad Shah and Zaka Shah who had been acquitted; that Ahmad Shah and Feroze Shah P.Ws were not present at the spot; and that there was a single occurrence which had been split up into two parts; and that the investigation was not above-board.
11. The learned counsel for the appellants took us through the entire record which was voluminous.
45. Before discussing the other merits of the case, we consider it proper to give the relationship of the parties inter se. Muhammad Shah accused is father of Sana Shah, Shah Nawaz, Nazar Shah, Zubair Shah, Zaka Shah, Liaqat and Mst. Battan. Abdul Haq deceased son of Karam Shah and Mehdi Shah deceased son of Hakam Shah were real nephews of Muhammad Shah accused. Ahmad Shah complainant (P.W.6), Feroze Shah (P.W.7) and Rajey Shah (not produced) are the grand sons of the real brother of Muhammad Shah accused. Hayat Shah and Zubair Shah eye-witnesses (both not produced) are cousins inter se. Hayat Shah P.W. is married to the sister of Zubair Shah. Hayat Shah is maternal uncle of Mehdi Shah deceased. Rajey Shah P.W. (not produced) is son-in-law of Zubair Shah accused. Mst. Rasoolan P.W. is brother's wife of Ahmad Shah complainant named Khadim Shah while Mst. Safia Bibi is daughter of Mst. Rasoolan Bibi P.W. Sister of Mat. Rasoolan Bibi P.W. is married to Feroze Shah P.W.
46. ' Mehdi Shah deceased was married to Mst. ,Battan accused. It stood established on the record that the deceased and the eye-witnesses were closely related to the accused.
12. Sometimes before the present occurrence, parents of Mehdi Shah deceased were murdered and the case was registered against Abdul Haq deceased and others at the instance of Muhammad Shah accused. The matter had been compromised between the parties and there was no ill-will between them. The defence wanted tcrprove that on account of the lodging of report by Muhammad Shah, the complainant party had a cause to involve him and other members of the family falsely in this case but this was factually incorrect.
13. The occurrence had taken place on 15-10-1975, at 1-00 p.m. in village Peer Kot. The case was registered at Police Station Mangtanwala, the same day at 2-30 p.m. The distance between the spot and the Police Station was eight miles. Muhammad Ashraf A.S.1. had recorded the F.I.R. on the statement of Ahmad Shah. The case had been promptly registered and there was no delay in lodging the F.I.R.
14. Mehdi Shah deceased had married Mst. Battan accused daughter of Muhammad Shah accused 14/15 years before the occurrence. As both of them were not leading a happy life and Mst.
47. Battan accused was strong-headed lady, Mehdi Shah deceased contracted a second marriage with Mst.Akhtari, a prostitute of Pattoki, four years before the piesent occurrence. Mst. Battan and Mst.,Akhtari lived in separate houses. On the day of occurrence, in the morning, Mst. Surayya, a sister of Mst. Battan went to the house of Mst. Akhtari. Both of them quarrelled with each other as a result of which Mst. Akhtari and her maid servant Mst. Mukhtaran Bibi gave fist blows to Mst.
48. Surayya who complained of it to her father Muhammad Shah. Although Mst. Akhtari had contracted a marriage with Mehdi Shah deceased who was previously married to Mst. Battan accused, the accused had been tolerating her presence in the village. Immediate motive was p- ovided to them when Mst. Akhtari deceased and her maid servant Mst. Mukhtaran Bibi deceased gave beating to Mst. Surayya, a sister of Mst. Battan. On account of this incident, which had taken place in the morning, the accused flared up and the feelings of hatred against Mehdi Shah deceased and Mst. Akhtari deceased, which the accused had been suppressing all along became apparent. The prosecution tried to improve a bit by stating that on the day of occurrence in the morning, Mst. Battan accused had also accompanied Mst. Surayya. It was an improvement, which had been made by Ahmad Shah and his brother Feroze Shah but on account of this improvement, we do not feel inclined to reject their entire statements.
49. ' On account of the morning incident, the accused had motive to commit the murders of Mst.
50. Akhtari and Mst. Mukhtaran Bibi and also against Mehdi Shah who was responsible for a second marriage. Although the immediate motive was provided by Mst. Akhtari and Mst. Mukhtaran Bibi, the accused had also motive against Mehdi Shah at the same time and for that reason, they visited the house of Ahmad Shah where Mehdi Shah and Abdul Haq deceased were present.
15. The most important point for consideration is as to whether four murders had been committed at one place or at two different places as stated by the prosecution. The defence case was that the four murders had been committed at one place i.e, in the house of Mehdi Shah. According to the eye-witnesses, Abdul Haq and Mehdi Shah were murdered, in the courtyard of Ahmad Shah and Feroze Shah P.Ws. Mst.Rasoolan Bibi and Mst. Safia Bibi P.Ws. also sustained injuries in the said courtyard. It was mentioned in the F.I.R., which was promptly lodged, that Abdul Haq and Mehdi Shah were murdered in the courtyard of Ahmad Shah where Mst. Rasoolan Bibi and Mst. Safia Bibi also received fire-arm injuries. It was further disclosed in the F.I.R. that after committing the murders of Abdul Haq and Mehdi Shah in the courtyard of Ahmad Shah complainant, the accused went to the house of Mehdi Shah where Mst. Akhtari and her maid servant Mst. Mukhtaran Bibi lived.
51. The witnesses followed the accused. On reaching the house of Mehdi Shah, which was at a distance of about one Killa from the house of Ahmad Shah complainant, the accused first committed the murder of Mst. Mukhtaran Bibi who was present in the courtyard and then after breaking open the door of the Kotha where Mst. Akhtari deceased had taken shelter, they committed the murder of Mst. Akhtari. Muhammad Ashraf A.S.I. reached the spot. He collected blood-stained earth from the courtyard of Ahmad Shah from the place of murder of Abdul Haq and sealed it into parcel vide memo. Exh.P.X. He collected blood-stained earth from the same courtyard where the dead body of Mehdi Shah was lying and it was also sealed into a parcel vide memo. Exh. P.ZZ. The A.S.I. collected blood-stained earth from the courtyard of Mehdi Shah where the dead body of Mst. Mukhtaran Bibi was lying and it was sealed into parcel vide memo. Exh. P.Z. blood-stained earth was collected from the place of murder of Mst. Akhtari, which was in the Kotha of Mehdi Shah and it was sealed into a parcel vide memo. Exh.P.Y. These facts clearly indicated that the two murders had taken place in the courtyard of Ahmad Shah complainant while the other two ladies were murdered in the courtyard and the Kotha of Mehdi Shah deceased. Mst. Rasoolan Bibi and Mst. Safia Bibi had received fire-arm injuries in the courtyard of Ahmad Shah complainant.
52. Shortly before the arrival of the accused, Mehdi Shah deceased and Abdul Haq deceased had come to the house of Ahmad Shah complainant with a request that he should implore with the accused and ask them to keep peace. Feroze Shah P.W., Rajey Shah, Zubair Shah and Hayat P.Ws. were also present at that time. Mst. Rasoolan Bibi and Mst. Safia Bibi P.Ws. who resided close to the spot, reached the place of occurrence on hearing the noise. They were caused fire shot injuries. Out of the eight accused, Muhammad Shah, Zaka Shah and Mst.Battan were empty-handed. Sana Shah was armed with a pistol while Zubair Shah, Nazar Shah, Liaqat Shah and Shah Nawaz with guns. When the accused entered the courtyard of Ahmad Shah and gave out Lalkara, Abdul Haq deceased went forward to plead with the accused but he was fired at by Zubair Shah and Nazar Shah. Sana Shah fired pistol shot at Abdul Haq. Thereafter, Shah Nawaz and Liaqat fired gun shots while Sana Shah shot pistol at Mehdi Shah deceased. It was quite natural for the two ladies to come forward to rescue the deceased but they were also caused fire shot injuries by Shah Nawaz and Sana Shah. After committing the murders, the accused went to the house of Mehdi Shah. Mst.
53. Mukhtaran Bibi deceased was present in the courtyard. She was fired at by Zubair Shah and Shah Nawaz. Thereafter Nazar Shah, Liaqat Shah and Sana Shah entered the Kotha of Mehdi Shah where Mst. Akhtari deceased had taken refuge and committed the murder of Mst. Akhtari by firing shots.
54. The ocular evidence clearly received support from the medical evidence. Being the real brothers of Mst. Surayya and Mst. Batten, it was quite natural for Sana Shah, Shah Nawaz, Zubair Shah, Nazar Shah and Liaqat Shah to have taken part in the occurrence. Ahmad Shah complainant was suggested that on the day of occurrence, .in the morning, a quarrel had taken place between Mst.
55. Surayya and Mst. Akhtari and Mst. Mukhtaran Bibi over the distribution of milk; that during the quarrel, Mehdi Shah and Abdul Haq deceased came there and they tore the shirt of Mst. Surayya and made her naked; that they gave her beating and on her cries, Nazar Shah and Zubair Shah came there and there was a fight; that out of Ghairat, Zubair Shah and Nazar Shah injured the deceased and the P.Ws. that because of enmity for the murders of Hakam Shah and his wife, the complainant had involved the entire family of the accused. All these suggestions were categorically denied by Ahmad Shah. Similar suggestions were put to Mst. Safia Bibi who too denied the suggestions. Except for the suggestions, which had been thrown to the witnesses, not a single word had been said by Nazar Shah and Zubair Shah. They had not taken up such a plea in their statements recorded under section 342, Cr.P.C. nor Mst. Surayya was produced in defence in support of this plea. The suggestions thrown to the witnesses were without any basis and foundation. In case, there had been any quarrel between the ladies over the distribution of milk, Mehdi Shah and Abdul Haq would be the last persons to make Mst. Surayya nude. Mst.Surayya was wife's sister of Mehdi Shah besides being a first cousin. She was also a first cousin of Abdul Haq deceased. It was unthinkable that both of them being close relatives would go to the extent of making her nude. From the accused side, nobody received even a single scratch. If there had been a fight between the parties, as suggested to the witnesses, the accused would have also received injuries. It is not understood as to how Nazar Shah and Zubair Shah could reach the house of Mehdi Shah immediately armed with deadly weapons. It could also not be explained by the defence as to how Mst. Rasoolan Bibi and Mst. Safia Bibi happened to be present in the house of Mehdi Shah. The defence did not suggest their presence to the witnesses nor it was suggested that the said two ladies also received fire shot injuries in the house of Mehdi Shah deceased. After having considered the relevant material on record and the surrounding circumstances, we feel no hesitation in holding that the defence plea put to Ahmad Shah was an untrue version of the occurrence. It was a case in which the statements of Ahmad Shah, Feroze Shah, Mst. Rasoolan Bibi and Mst. Safia Bibi did not require any independent corroboration. These four witnesses had absolutely no motive to make out a false case against the accused. The defence tried to prove that the complainant had grudge against the accused because of litigation between his in-laws and the in-laws of Shah Nawaz accused, but no material has been brought on record to prove such a litigations and in the absence of any material on record, we cannot hold that there was any cause of annoyance between the accused and Ahmad Shah complainant. The presence of Mst. Safia Bibi and Mst.
56. Rasoolan Bibi could not be disputed on account of injuries on their persons. Since the first occurrence had taken place in the Ehata of Ahmad Shah and Feroze Shah P.Ws., their presence was quite natural. Mehdi Shah and Abdul Haq deceased had gone to the house of Ahmad Shah complainant with a request that he should ask the accused to keep peace. From the medical evidence, it appeared that at least eleven shots had been fired at the four deceased. Besides these shots several other shots had been fired at the two injured witnesses, namely, Mst. Rasoolan Bibi and Mst. Safia Bibi. Due to the absence of empty cartridges from near the courtyard of Ahmad Shah, we cannot hold that the murders of Mehdi Shah and Abdul Haq had not been committed in the courtyard of Ahmad Shah complainant.
57. The parties are related inter se. Five persons were armed with guns and pistol and they had fired shots and committed four murder and attempted on the lives of two ladies, namely, Mst. Rasoolan Bib' and Mst. Safia Bibi. In these circumstances, we cannot expect other neighbors to have come forward and witnessed the occurrence. The neighbors would run for their lives rather than witnessing the occurrence. On the account of the non-production of neighbors, w B are not prepared to draw inference against the prosecution. We have carefully gone through the statements of the four eye-witnesses and have not come across any inherent defects in this case.
58. We can safely place reliance on their statements. The net result of the discussion is that we hold that the prosecution succeeded in bringing home the guilt of Sana Shah, Shah Nawaz, Zubair Shah, Nazar Shah and Liaqat Shah. Their appeal is dismissed and death sentences are confirmed.
59. Mst. Batten was not present during the first incident, which took place between Mst. Surayya on the one hand and Mst. Akhtari deceased and Mst.Mukhtaran deceased on the other. She was empty- handed at the time of occurrence. Her case was not distinguishable from the case of Muhammad Shah and Zaka Shah, who had been acquitted of the charges. Consequently, we accept the appeal of Mst. Batten and acquit her of the charges. She shall be set free forthwith, unless required in some other case.