Imdadally H. Agha, J.--Appellant Abdur Rehman was tied by the learned ex officio Second Additional Sessions Judge, Hyderabad and Sessions Judge, Dadu Camp at Hyderabad and was convicted under section 302, P. P. C. He was sentenced to death. He has now appealed against his conviction and sentence. His case is also before us by way of confirm ation of his death sentence upon such a reference by the learned trial Judge under section 374, Cr. P. C. This judgment will dispose of both the appeal by the appellant and the reference for the confirmation of his death sentence.
2. The facts of the prosecution case briefly are these. On 16th of October 1964 at about 11-45 p.m. the two deceased A. S. I. P. Zahir Abbas and Constable Mohammad Siddiq went to Shimla Hotel situated on the Station Road in Hyderabad city in order to have information regarding bad characters. Complainant Mohammad Hussain was a call boy at that hotel and at that time he was giving calls to the customers for supply of bedding and cots in the hotel. The deceased A. S. I. P.
Zahir Abbas and deceased Constable Mohammad Siddiq had two cycles with them on which they had gone to the hotel. The cycle of the deceased A. S. I. P. was red in colour while the one with constable deceased Mohammad Siddiq was black in colour. The deceased A. S. I. P. on reaching the hotel called the complainant who came to him. The deceased A. S. I. P. enquired from the complainant if there were any suspects and bad characters in the hotel. While they were talking the present appellant came and stood behind the deceased A. S. I. P. The appellant is also known by the names of Abdur Rehman, Abroo and Pahalwan and he was known to the complainant since about 2 years prior to the present incident. The deceased A. S. I. P. told the appellant as to why he had come and stood behind him as he was talking to the complainant. The appellant replied that he was waiting for somebody. The deceased A. S. I. P. asked the appellant to stand at some distance from him but the appellant insisted that he would not go. The A. S. I. P. then told the appellant that if he would not go he would disrespect him. The appellant then said to the deceased not to make "Bakwas" (not to talk nonsense). The A. S. I. P. also told the appellant not to make "Bakwas". Thereupon the appellant took out a knife from the folds of his Shalwar and stabbad the A.
S. I. P. in his stomach. The A. S. I. P. fell down on the ground. Soon after he again got up and started running away from there but it appears that he ran for a short distance and again fell on the heep of the stones lying by the side of the road. Seeing that the A. S. I. P. was stabbad deceased constable Mohammad Siddiq caught hold of the appellant by his coller whereupon the appellant caused knife injuries to Constable Mohammad Siddiq also on his neck and stomach. On receipt of blows Constable Mohammad Siddiq also ran away from there and fell down in front of a radio service shop situated at a distance of about 50 paces from Shimla Hotel. The appellant then fled away taking the knife with himself. The complainant after a shortwhile found deceased Constable Mohammad Siddiq dead due to injuries. Many people had collected at the scene and had witnessed the incident. One of them, according to the complainant was Rashid Shah (actually Rashid Ahmed) (P. W. 8), the other was Khursheed Shah (actually Khursheed Hussain) (P. W. 12) and the third was Khair y>e m3n Mohammad. The complainant could not name the other state persons who had also collected there. He then went to City------------------ Police Station and lodged his report, Exh. 23, at 12-5 a.m. H'
3. In the meanwhile when deceased A. S. I. P. Zahir Abbas was lying on the heep of the stones bleeding from his injuries, Shaft Mohammad (P. W. 4) a Rickshawala was coming from Latifabad towards the railway station via that road. He saw the deceased A. S. I. P. Zahir Abbas lying injured on the road and the deceased A. S. I. P. gave him a call. The rickshawalla went to the deceased A. S. I. P. who disclosed to him his name and told him that he was an A. S. I. P. and that he was stabbed by Abdur Rehman Pathan who had also stabbed another person. The A. S. I. P. requested the rickshawalla to take him to his house situated in Unit No. 11, Latifabad. The rickshawalla then took him into the rickshaw and was carrying him to his house. When he was near the railway gate of Latifabad he met two Head Constables Jehandad (P. W. 3) and Amir Alam, whom he informed that the injured man in his rickshaw is an A. S. I. P. and he also requested them to sit in the rickshaw and help him in carrying the A. S. I. P. to his house. These two Head Constables made enquiries from the A. S. I. P. Zahir Abbas and he informed them Abdur Rahman Pathan had stabbed him and another police constable who was with him. The two constables then asked P. W. Shaft Mohammad to carry the injured A. S. I. P. to the City Police Station. Both the Head Constables also sat in the rickshaw and they all went to the City Police Station. At the City Police Station Head Constable Saeed Ahmed (P. W. H) recorded the statement of P. W. Shaft Mohammad in the Roznamcha, entry in which has been produced as Exh. 32-A, and thereafter he took the A. S. I. P.
Zahir Abbas in the rickshaw of P. W. Mohammad Shaft alongwith Head Constable Jehandad to the Civil Hospital at Hyderabad. On the way A. S. I. P. Zahir Abbas asked for water. Upon enquiry by P. W.
Saeed Ahmed, A. S. T. P. Zahir Abbas disclosed to him that one Adroo Pathan had caused injuries to him and Siddiq Constable. While they were approaching the Casualty Ward of the Civil Hospital, A.
S. I. P. Zahir Abbas became unconscious. P. W. Saeed Ahmad then produced the injured deceased A. S. I. P. before the doctor of the Casualty Ward. He examined him and told P. W. Saeed Ahmed that the A. S. I. P. Zahir Abbas bad expired. The dead body of the deceased Zahir Abbas was then kept in the Dead House and Head Constable Jehandad was posted on guard over it.
4. The First Report that was lodged by complainant Mohammad Hussain was recorded by S, H. 0.
Umed Ali (P. W. 14) at the City Police Station, Hyderabad. The S. H. O. thereafter went to the scene of offence alongwith the complainant.
He found the dead body of deceased Foot Constable Mohammad Siddiq lying there in front of the shop Firdous Radio Service over the platform. He prepared a mashirnama of the injuries on the deceased Foot Constable Mohammad Siddiq in presence of Mashirs Haji Mohammad (P, W. 6) and Iqbal, The mashir- nama has been produced as Exh. 16 on record. The S. H. O. had also secured a bedding which was lying at the platform and it had blood stains. The S. H. O. then prepared inquest report of the dead body of deceased Mohammad Siddiq in presence of the same mashirs which is Exh. 17 on record. Thereafter he despatched the dead body of deceased Mohammad Siddiq through Porho Khan to Civil Hospital, Hyderabad for post- mortem examination. The S. H. O. then inspected the scene where the appellant had allegedly stabbed A. S. I. P. Zahir Abbas and Foot Constable Mohammad Siddiq. He found two cycles lying at that place, one was red in colour the other was black. He also found a card of M. Rahim Baksh of Quetta lying at that place. This card was printed and there was some writing made over it and it also disclosed the'name of Abdur Rehman. Some coins and keys were also lying at the scene of offence. The S. H. O. secured two cycles, the card, coins and the keys. He also secured blood- stained earth from there. Such a mashirnama of the scene of offence was prepared by him in presence of the same mashirs which is Exh. 18 on record. Regarding the securing of the card he had prepared another mashirnama in the presence of the same mashirs which is Exh. 19 on the record.
Soon after the S. H. O. recorded the statements of witnesses under section 161, Cr. P. C. While the S. H.
O. was busy in investigation and was at the scene Head Constable P. W. Saeed Ahmed of City Police Station came there with the ricksha- walla P. W. Shah Mohammad in Rickshaw No. 89 H. D. and informed him about the injured Zahir Abbas, A. S. I. P. The S. H. O. noticed blood on the seat of the rickshaw and the body of it, so he prepared a mashirnama of it in presence of the same mashirs which is Exh.
20. Thereafter, P. W. Shaft Mohammad showed him the place where A. S. I. P. Zahir Abbas had been picked up by him and also the place where A. S. I. P. had died. The S. H. O. secured blood-stained stones from the place from where the A. S. I. P.
Zahir Abbas was picked up by the rickshawalla. This place was at a distance of about 50 paces away from the scene of offence where the stabbing had taken place. Such a mashirnama in presence of the same mashirs was prepared. The S. H. O. then went to the Civil Hospital, Hyderabad, where he found the dead body of deceased Zahir Abbas lying in the Dead House. He prepared a mashirnama of that place in presence of mashirs Abdul Waris Khan (P. W. 2) and Karim Khan. The mashirnama has been produced as Exh. 7 on record. Thereafter, he prepared inquest report of the dead body of deceased Zahir Abbas in presence of the same mashirs and it has been produced as Exh.
8. Then the S. H. O. handed over the dead body alongwith his letter to Foot Constable Porho Khan for being handed over to the same medical officer for post-mortem examination. The S. H. O. then searched for the appellant at different places and ultimately reached Kotri Railway Station at about 4 p. m. on 17-10-1964. He found the appellant sitting on a bench on the Platform No. 1 of Kotri Railway Station. The appellant was known to the S. H. O. from before as he had challaned the appellant previously under section 307, P. P. C. The S. H. O. arrested the appellant in presence of mashirs Dost Mohammad (P. W. 13) and Mohammad Saeed. The appellant was wearing shirt and shalwar of Khaki colour and he had a Lungi on his head. The Lungi, shirt and shalwar were blood-stained. In the side pocket of the shirt of the appellant the S. H. O. found a railway ticket from Kotri to Quetta. It was a third class ticket bearing No. 053487, dated 17th October 1964. The S. H. O. secured the blood-stained clothes of the appellant, the railway ticket and other articles and prepared a nutshirnatm in presence of the same mashirs which is Exh. 36 on the record. On the interrogation of the S. H. O. the appellant volunteered to produce before him the knife. He then led the S. H. O. and the same mashirs to a place which was at a distance of 340 paces from Kali Road Railway crossing line. This place was on the railway line. There was an open space between rail Nos. 16 and 17 from where the appellant took out a knife and produced the same before the S. H. O. The knife could not be seen by any person at that place where it was lying and it was stained with blood mixed with mud. The knife was taken into possession by the S. H. O. in presence of the said mashirs under a mashtmama Exh. 37, At the time of the arrest the appellant was found to have an injury on his right arm and he was, therefore, referred by the S. FI. O. to the medical officer. The S. H. O. then carried out further investigation and on 31st October 1964 he sent up the appellant to the Court under interim challan. The final challan was submitted by him on 24th December 1964. The S. H. O. had sent blood-stained articles in six sealed parcels to Chemical Analyser for examintion and report. He has produced the Chemical Analyser's report as Exh.
39. The appellant subsequently was committed to the Court of Sessions whereafter he was tried and convicted by the trial Court as already mentioned.
5. When questioned under section 342, Cr. P. C. the appellant denied the prosecution allegations and professed innocence. Regarding the prosecution witnesses he said that they were interested in police and they were under their influence. He also said that the prosecution witnesses were criminals and bad characters and that they had deposed falsely against him at the instance of the police. He further added that he had also levelled charges of corruption etc. against the S. H. O. P.
W. Unied Ali in a case under section 307, P. P. C. which was filed by him (S. H. O.) against the appellant in which the appellant was acquitted. According to the appellant the S. 11. O. since then had been inimical towards him and that is why the S. H. O. had involved him in this case falsely while he was innocent.
6. The appellant led evidence of two defence witnesses, namely, Taslim Ahmad (D. W. 1) and A. S. I.
P. Pir Khan (D. W. 2).
7. The fact that the two deceased A. S. I. P. Zahir Abbas and Foot Constable Mohammad Siddiq were killed does not admit of any doubt. On this point the evidence of Dr. Rail Ahmed Khan is conclusive. This doctor in his deposition in the committal Court which was brought on record of the trial Court as Exh. 41 states that the post-mortems on the two deceased were conducted by Dr. Abdullah Siddiq, who was known to him very well and he was acquainted with his handwriting. Dr. Rafiq Khan then gave evidence by referring to the post-mortem notes and stated that in the post-mortem of A. S. I. P. Zahir Abbas the following external injuries were noticed on his dead body :--
(1) Incised wound at 6th inter-costal space on right side about 3" from median plane injury downward and inwards size f"x Y'x 4" cutting the liver on its right upper surface size |" x J" x 3.
(2) Contusion above the right angle of right eye i" x J".
(3) Contusion above the left eye 1" x Y.
(4) Multiple small abrasions on front of both legs at knees.
On the internal examination of this dead body the following damage done to it was noticed :--
(1) Walls of the thorax right side dissected in injury No. 1.
(2) Semi-digested food material in the stomach noted by him. Digested food material noted in the intestines.
(3) Liver otherwise healthy except injury mentioned as No. I.
(4) Bladder noted empty.
8. In the opinion of the doctor the cause of death was shock and haemorrhage due to stab wounds as mentioned in injury No. 1. The injuries according to the doctor appeared to be anti-mortem in nature and injury No. 1 appeared to have _ been caused by sharp cutting weapon like knife aud the rest with * hard and blunt substance. He also opined that injury to the liver as mentioned at No. 1 was sufficient in the ordinary course of nature to cause death.
9. The doctor further stated that in the post-mortem exami nation on the dead body of deceased Foot Constable Mohammad Siddiq the following external injuries were noticed :--
(1) Stab (incised) wound l"x"xl" on right lateral angle of lower jaw. On neck cutting the blood vessels in the neck.
(2) Incised wound below the last rib along nipple line size 1Y x 1" x cutting the stomach inside from digested food material coining out. Direction of wound is downwards and inwards.
On the internal examination of the dead body of this deceased person the following damage done to it was noticed :--
(1) Peritonium healthy cutting along direction of wound under 2.
(2) Stomach cut on superior surface digested food material coming out.
(3) Digested food material in the intestine.
(4) Bladder empty and healthy.
(5) Muscle of neck and abdomen cut.
In the opinion of the doctor the death was due to haemorrhage and shock on account of cutting of major blood vessel in the neck. The doctor also opined that the injuries were anti-mortem in nature and appeared to have been caused by sharp-cutting weapon such as knife and the injuries to blood vessels of the neck and stomach could be sufficient to cause death in the ordinary course of nature.
10. This evidence of Dr. Rali Ahmed Khan has not been challenged by the learned counsel for the appellant and we also see no reason to doubt the same. Hence we find that the prosecution has proved beyond all reasonable doubt that both the deceased A. S. I. P. Zahir Abbas and Foot Constable .Muhammad Siddiq were killed by means of knife injuries.
11. To connect the appellant with the crime the prosecution relies upon the evidence of the four eye-witnesses, namely, com plainant Muhammad Hasan, P. W. Rashid Ahmed, Qasim Exh. 31/AandP.
W. Khursheed Hussain, the dying declaration made by deceased A. S. I. P. Zahir Abbas, recovery of blood-stained clothes of the appellant, production of blood-stained knife by him, securing of printed card bearing the name of the appellant from the scene of offence and the conduct of the appellant by being arrested at Kotri Railway Station platform while he was leaving for Quetta and he had a ticket in his possession for Quetta which was secured by the police.
12. Out of the four eye-witnesses complainant Mohammad liassan has deposed to the same facts as are detailed in the nar rative of the prosecution story above-mentioned in paragraph 2 of this judgment and they need not be repeated. In short he has stat ed that he saw the appellant, who was known to him since before the incident, stab deceased Zahir Abbas with a knife and also Foot Constable Mohammad Siddiq and both had died on account of these injuries.
13. Another eye-witness P. W. Rashid Ahmed lias testified that at the time of the incident he was working in Ncsv Baluchis tan Hotel, Station Road, Hyderabad, which was situated adjacent to Shitnla Hotel. He knew the appellant present in Court since about 6 or 7 months prior to the incident.
According to him the appellant was known by the names of Abdul Rehman, zVdroo and Pahalwan.
At the time of the occurrence he (Rashid Ahmed) was bringing out of the hotel the beds and cots.
Mohammad Hassan was also giving calls to the customers in front of Shitnla Hotel. He was at a distance of about'15-16 paces from the complainant Muhammad Hassan. At that time deceased A.
S. I. P. Zahir Abbas and Constable Mohammad Siddiq came near Shahi Dawakhana alongwith two cycles with them. The Shahi Dawakhana is on the road while Shintla Hotel is in the street near the road. The A. S. T. P. Zahir Abbas and deceased Mohammad Siddiq started talking with complainant Mohammad Hassan. Suddenly this witness heard the noise saying stop non-sense (Bakwas Band Karo). This voice was of Zahir Abbas. Thereafter he also heard the appellant saying to deceased Zahir Abbas stop nonsense (Bakvvas Band Karo). Then the appellant took out a knife from the folds of his shalwar and stabbed deceased Zahir Abbas in his stomach. Deceased Zahir Abbas fell down on the ground and immediately thereafter he got up and ran away from there. Deceased Mohammad Siddiq attempted to grapple with the appellant whereupon the latter caused knife injuries to deceased Mohammad Siddiq also at his neck and stomach. Deceased Mohammad Siddiq on receipt of injuries also started running and fell down in front of Firdous Radio Shop. Deceased Mohammad Siddiq bled profusely from his injuries and died on the spot. According to this witness Siraj, Mohammad Hussain complainant, Khursheed Shah were also present and had witnessed the incident. Many other persons had also collected there and had witnessed the incident but this witness could not give their names. The appellant after commission of the offence fled away from there alongwith his open knife. This witness then stated in his deposi tion that the culprit in the dock was the same person who had stabbed the two deceased.
14. The third eye-witness is Qasim. His lower Court deposi tion was brought on record at the trial as Exh. 31/A as after being examined in the committal Court this witness had died and, therefore, summons could not be served on him as stated by Foot Constable Mohammad Abbas (P. W. 10).
This witness Qasim has stated that at the time of the incident he was coming from circus show at Bhangipara. He was going to Niaz Mohammad of Quetta Musafir Khana on Station Road at about ll-30p.m. when he saw two-three persons standing near Dawa- khana with cycles. These persons and the appellant were talking with each other. They were talking to each other and saying, "Shor Band Karo" (Stop your noise). The appellant told Subedar who are you to ask me to stop talking.
This is not your father's place. The appellant in the meantime took out a knife from folds of his shalwar and gave knife blows on the stomach of the Subedar. The Subedar put his hands on stomach and started running. Sepoy caught hold of the appellant. The appellant gave him two knife blows on stomach, and the other on his neck. The sepoy ran and fell on a bed lying near radio shop. He died there. The appellant ran away. This witness then says that he did not know any one of the parties before the incident. Admittedly, no identification test through this witness was held as such the evidentiary value of his evidence is reduced to nil consequently his testimony is kept out of consideration.
15. The fourth eye-witness is P. W. Khursheed Hussain. This witness has deposed that at the time of the incident he had Sweet- meet Shop at Station Road. On the night of the accident at about 11-35 p.m. he had gone to the Pan shop of Abdul from his shop for purchasing Pan when he heard two persons saying stop nonsense (Bakwas Band Karo) from the side of Shahi Dawa- khana. The Shahi Dawaknana is opposite to the shop of Abdul. The Sweetmeet Shop of this witness was situated at a distance of about 15 paces from the shop of Abdul. This witness then looked towards Shahi Dawakhana and found one of those persons who were talking to be the appellant and the other was the A. S. I. P. Alongwith the A. S. I. P. one Police Constable Siddiq and complainant Mohammad Hassan Baloch were also standing. After exchange of hot words the appellant Abdur Rehtnan took out a knife from the folds of his shalwar and inflicted a blow in the stomach of the A. S. I. P. This witness subsequently came to know that the name of the A. S. I. P. was Zahir Abbas. On receipt of knife blow A. S. I. P. Zahir Abbas ran towards Jea Shah Road. Police Constable Siddiq caught the appellant by the collar of the shirt. Appellant Abdur Rahman inflicted two knife blows to the Police Constable Siddiq also, who called for help. Police Constable Siddiq then ran from the place where he was injured and fell down on the plat form which was in front of Firdous Radio Service. Appellant Abdur Rahman ran away with open knife in his hand towards Zamindar Hotel. No body out of fear went after the appellant. Other people collected after the appellant fled away. This witness knew the appellant since before the incident and he also said that appellant Abdur Rahman was known by the name of Adroo as well.
16. It will be seen that the three eye-witnesses, i. e. the complainant Mohammad Hassan and P. Ws.
Rashid Ahmed and Khursheed Hussain fully implicate the appellant for the crime. The appellant was known to them since before the incident and they have seen the occurrence from very close quarters as such there can be no question of mistaken identity as these witnesses also state that the appellant in the dock at the trial was the same culprit. This evidence of the eye-witnesses was sought to be challenged by the learned counsel for the appellant on the ground that they were deposing falsely at the instance of S. H. O. P. W. Umed Ali as the S. H. O. had chal- laned the appellant previously in a case under section 3Q7, P. P. C. but the appellant was acquitted, therefore, it is said that the S. H. O. nursed a grudge against him and fabricated this false case against him.
But this plea obviously is untenable as the third eye-witness appears to be an independent person and particularly all these witnesses have no enmity against the appellant and it is not possible to believe that they would implicate the appellant at the instance of the S. H. O. and leave the real culprit. We find that the evidence of these three eye-witnesses who are disinterested persons is reliable and this evidence by itself brings home the guilt to the appellant.
17. However, there is more evidence also against the appel lant. The next piece of testimony against him is the dying declaration of deceased A. S. I. P. Zahir Abbas to Ricksha- walla P. W. Shaft Mohammad and Head Constable P. W. Jehandad and Saeed Ahmed. The rickshawalla P. W. Shah Mohammad states in his evidence that when he picked up the deceased A. S. I. P. Zahir Abbas from the heep of stones lying on the side of the road the latter told him that he was an A. S. I. P. and he was stabbed by Abdur Rahman Pathan who had also stabbed another person. Head constable P. W. Jehandad also states that when he and Head Constable Amir Alam met the ricksha- wallas P. W. Shafi Mohammad near the railway crossing gate they found A. S. T. P. Zahir Abbas lying injured in his rickshaw. At the request of the rickshawala to help him in carrying the injured A. S. I. P. Zahir Abbas, both these Head Constables got into the rickshaw and drove to the City Police Station. The A. S. T. P. Zahir Abbas upon enquiry from P. W. Jehandad Head Constable disclosed to him that Adroo Patban had stabbed him and he had also caused knife injuries to Foot Constable Siddiq who was in his company. Head Constable P. W. Saeed Ahmad also states that when injured Zahir Abbas was brought to the City Police Station upon his enquiry the A. S. I. P. Zahir Abbas had disclosed to him that one Adroo Pathan had caused injuries to him and to Siddiq Constable. All this evidence of the three witnesses shows that in the dying declaration by deceased A. S. I. P. Zahir Abbas he had implicated the present appellant for the instant crime. The learned counsel for the appellant was not able to show how all this evidence could be discredited. He, however, with respect to the dying declaration by the deceased Zahir Abbas at the City Police Station cited a decision of the Supreme Court in the case of Ghulom Farid v. The State (1) in which it has been held that dying declaration made elsewhere than at Thana may often be more worthy of reliance and contended that the dying declaration made by deceased Zahir Abbas at the City Police Station to Head Constable P. W. Saeed Ahmed was not reliable. This contention is obviously untenable because the decision relied upon by the learned counsel for the appellant depends upon different facts from those that are present in the instant matter. This ruling is, therefore, distinguishable and is of no help to the appellant's case. Con - sequently, we find that the dying declaration made at the City Police Station is also worthy of credence.
18. The next piece of evidence is the securing of blood-stained clothes of the appellant. On this point Mashir Dost Mohammad (P. W. 13) and S. H. O. Umed Ali (P. W. 14) have unequivocally stated that the appellant was arrested from the platfrom of Kotri Railway Station and from his person the S. H. O. had secured blood-stained Lungi, shirt ahd shalwar. These clothes were sent to the Chemical Analyser whose report Exh. 39 shows that the shirt and the shalwar of the appellant was found on analysis to be stained with human blood. This evidence, the learned counsel for the appellant has not been able to challenge before us. We find this item of testimony also corroborates the ocular evidence.
19. The other item of evidence against the appellant is the production of knife by him. The knife as stated by mashir P. W. Dost Mohammad and S. H. O. P. W. Umed Ali was produced by the appellant from the railway line as it was lying in an open space between rail Nos. 16 and 17. This knife was found to he blood-stained and it was taken into possession by the S. H. O.
The Chemical Analyser's report shows that the blood on the knife had disintegrated but that fact by itself will not deprive this piece of evidence of its evidentiary value as the recovery of the knife itself corroborates the ocular version. The trial Court has excluded this evidence on the ground that the mashir P. W. Dost Mohammad has not stated in the committal Court that the knife was produced by the appellant. But we disagree with that Court's view in that in the first place it may be that do question may have been asked from the mashir in the com mittal Court and, secondly, this operates only as an omission on the part of the mashir. In any case, there is evidence of S. H. O.
Umed Ali, whom there is no reason not to believe and this fact can be said to be proved by the S. H.
O. alone. Section 134 of the Evidence Act also lays down that no particular number of witnesses shall in any case be required for the proof of any fact, which means that even one witness can prove a fact as stated by him (S. H. O.) We, therefore, find that the evidence of production of the knife also helps the prosecution case.
20. The next piece of evidence against the appellant is that a printed card was secured from the scene of offence on which the name of the appellant was written. This fact has been deposed to by mashir P. W. Haji Mohammad and S. H. O. P. W. Umed Ali. This fact also shows that it was the appellant who was concerned in the crime.
21. The last piece of evidence against the appellant is his conduct by trying to go away to Quetta by train when he was caught at the Kotri Railway Station and from his possession a third class railway ticketfor Quetta was recovered by S. H. O. P. W. Umed Ali, which fact is also supported by the mashir P. W. Dost Mohammad. This conduct of the appellant also proves his guilty conscious as he was trying to run away from Hyderabad by going to Quetta on the next day of the incident.
21. It might be mentioned here that the learned counsel for the appellant has argued that delay has taken place in sending the blood-stained clothes of the appellant to the Chemical Analyser, therefore, this piece of evidence ought not to be given any value. In support of this contention of his he has relied upon a case Muhammad Salim v. The State (1) wherein it has been held that the crime weapon recovered at the instance of accused sent to Chemical Analyser for report after more than a fortnight cannot be relied upon as no reliance can be placed on such a recovery. We do not see how this reported case helps the appellant because in the present case there is no evidence on record to show in the first instance that the blood-stained clothes were sent after inordinate delay to the Chemical Analyser. In the second place, we are unable to agree with the proposition that slight delay in sending the blood-stained clothes to the Chemical, Analyser would render this piece of evidence as unreliable.
22. The learned counsel for the appellant has also put forth a plea of self-defence. He argues that the appellant had an incised wound over the lateral aspect of the right arm about 3" x IJ'x J' as deposed by Dr. Mohammad Saeed Khan (P. W. 15) and the prosecution does not explain this injury on the appellant, therefore, it should be deduced that the appellant killed the two deceased in exercise of right of private defence of person. In support of this contention of his he relied upon two cases which are Abdur Rahman v. The State (1), and the State v. Khairur Rahman (2). In the former case it was held that when an accused person is found to have been injured in a fight with the deceased and witnesses claiming to have seen the occurrence tried to suppress this fact, it will be reasonable to presume in the absence of any plausible explanation to the contrary that the accused person was injured by the deceased and further when it is doubtful as to which of them attacked the other first, the benefit of doubt will go to the accused person. In the second case it was held that if an accused person is found to have been injured in a fight with a deceased it will be permis sible to presume that it was the deceased who injured him, unless there is clear evidence or circumstances to the contrary, and if it is doubtful as to which of them attacked first, the benefit of doubt will go to the accused.
23. It will be noticed that both these reported cases hold that when an accused person is found to have been injured in a light with the deceased then the result mentioned in them follows. But in the instant case there was no fight between the deceased and the appellant as the ocular evidence is quite clear on this point. We, therefore, find that these two reported cases are of no help to the appellant's case.
24. Lastly, reference might be made to the defence evidence of the two defence witnesses, although on this evidence even the learned counsel for the appellant does not rely before us.
25. Taslim Ahmed (D. W. 1) in brief states that he reached the scene of offence and saw 10--15 persons present in front of the shop of Firdous Radio Service and he also saw one person lying injured in front of the shop. He was bleeding from his injury and was struggling for his life. He remained there only for 2 or 3 minutes and then rushed to the City Police Station where he informed the police regarding the injured. His information was entered into a Roznamcha which is entry No. 81 and has been produced as Exit. 32-D on record. It might be argued that this information should be treated as the First Information Report but obviously the mere reading of it would show that no details have been given as to who caused injuries to that injured person and the other necessary details making such information as the First Information Report are lacking, therefore, obviously this information taken by Tasleem Ahmed (D. W. 1) cannot be treated as First Information Report. Evidence of Pir Khan, A. S. I. (D. W. 2) is also to the same effect that he had recorded the statement of D. W. Tasleem Ahmed. Obviously, the informa tion brought by D. W. Tasleem Ahmed to the Police Station cannot constitute First Report.
26. The above discussion of the evidence clearly leads to the irresistible conclusion that the prosecution has proved beyond all reasonable doubt that the appellant is guilty of the charge levelled against him. We, therefore, find that he has been rightly convicted of the two murders of the deceased A. S. f. P. Zahir Abbas and Foot Constable Mohammad Siddiq. We also see no extenuating circumstance in favour of the appellant as such we are of the opinion that the sentence of death is the proper penalty which should be imposed upon him as has been awarded to him.
27. For the foregoing reasons the appeal of the appellant is dismissed and his death sentence is confirmed. The reference is accordingly accepted. .