' IJAZ NISAR, J.-Muhammad Khan (28), Jeeba (16/17), Usman (17), Nazra (35), Razaq (50), Akbar (30), Muhammad Afzal (28), Moonda (25), Ahmad Yar (18), Sarwar (25), Muhammad Bakhsh (25) and Umra (50) were tried under sections 148, 302 and 307/149, P. P. C. For committing the murders of Muhammad Yar and Muhammad Amir deceased on 14-10-1979 and for murderously assaulting Muhammad Shafi, Akbar and Muhammad Sher P. Ws. With sticks and a hatchet.
' Yara (60), Ahmad (60) and Snabbir (55) were tried under sections 302/ 307/109, P. P. C. For having abetted the commission of the aforementioned crime. The learned Additional Sessions Judge, Sargodha vide his judgment dated 15-2-1981 convicted Muhammad Khan, Nazra, Akbar, Jeeba, Umra and Usman under sections 302, 307, 323/149, P. P. C. And sentenced them as under :- ' Muhammad Khan appellant was sentenced to death and to pay a fine of Rs, 5,000 or in default to further undergo two years' R. I. For the murder of Muhammad Yar. He was further sentenced to imprisonment for life and to pay a fine of Rs, 5,000 or in default to undergo further it 1. For two years for the murder of Muhammad Amir deceased. The fine, if recovered, was ordered to be paid to the heirs of the two deceased. He was also sentenced to 7 years' R. I. And a fine of Rs, 5,000 or in default to undergo two years' R. I. Under section 397/149, P P. C. The fine, if realised, was to be paid to Muhammad Shafi injured P. W. He was also sentenced to one year R. I. And to pay a fine of Rs, 500 or in default to undergo three months' R.
1. Under section 323/149, P. P. C. On each count for causing injuries to Muhammad Akbar and Muhammad Sher P. Ws. The fine, if recovered, was ordered to be paid to the injured P. Ws. Under section 148, P. P. C. He was sentenced to two years' R. I. The sentences of imprisonment were ordered to run concurrently in case the death sentence was not confirmed.
' Nazra and Akbar were sentenced to death for the murder of Muhammad Amir and to pay a fine of Rs, 2,000 each or in default to undergo further R. I. For one year. They were further sentenced to imprisonment for life for the murder of Muhammad Yar deceased and a fine of Rs, 2,000 each or in default to undergo one year further R.
1. The fine, if realised, was ordered to be paid to the heirs of two deceased. They were further sentenced to undergo 7 years' R. I. Each under sections 307/149, P. P. C. And a fine of Rs, 1,000 each or in default to undergo further R. I. For one year. The fine, if realised, was ordered to be paid to Muhammad Shafi injured P. W. They were further sentenced to undergo R. I. For one year under section 323/149, P. P. C. Plus a fine of Rs, 500 each or in default to undergo R. I. For three months on two counts for causing hurt to Muhammad Akbar and Muhammad Sher P. Ws. The fine, if recovered, was to be paid to Muhammad Sher and Muhammad Akbar P. Ws. They were further sentenced to undergo R. I. For two years under section 148, P. P. C. In case the death sentence was not confirmed the sentences of imprisonment were ordered to run concurrently.
' Jeeba, Umra and Usman were sentenced to imprisonment for life on two counts under section 302/149, P. P. C. For the murders of Muhammad Yar and Muhammad Amir plus a fine of Rs, 2,000 on each count or in default to undergo R. I. For one year on each count. The fine, if realised, was to be paid to the heirs of the two deceased. They were further sentenced to undergo 7 years' R. I. Each and a fine of Rs, 1,000 each or in default to undergo further R. I. For one year under section 307/149, P. P. C. For murderously assaulting Muhammad Shafi P. W. The fine, if recovered, was ordered to be paid to him as compensation. They were further sentenced to undergo one year R. I. And a fine of Rs, 500 each or in default to undergo further R, I. For three months each under sections 323/149, P. P.
C. For causing hurt to Muhammad Sher and Muhammad Akbar P. Ws. The fine, if realised, was ordered to be paid to Muhammad Akbar and Muhammad Sher P. Ws. They were further sentenced to R. I. For two years' under section 148, P. P. C. All the sentences were ordered to run concurrently.
' Razaq, Afzal, Sarwar, Muhammad Bakhsh, Moonda, Ahmad Yar, Sher Ahmad, Ahmad and Yara were, however, given the benefit of doubt and acquitted.
' The convicted accused have filed appeal against their convictions and sentences. Muhammad Akbar complainant has filed revisions against the acquittal of Muhammad Bakhsh etc. Mentioned above and for enhancement of the sentences of the appellants. The learned Additional Sessions Judge has made a reference under section 374, Cr. P. C. For confirmation of the death sentences awarded to Muhammad Khan, Nazra and Akbar. All the matters shall be disposed of by this judgment.
2. Muhammad Khan accused is the son of Yara accused. Umra accused is brother of Yara accused. Jeeba accused is a nephew of Yara and Umra accused. Ahmad accused is father-in-law of Muhammad Khan accused. Usman accused is the son of Ahmad accused. Maternal-aunt of Razaq accused is the khala of the father of Jeeba accused. The mothers of Jeeba and Razaq accused are also cousins inter se. Sarwar and Ahmad Yar accused are the khalazads of Muhammad Khan accused. Moonda accused is the son of phuphizad of Muhammad Khan accused. Muhammad Bakhsh, Muhammad Afzal, Muhammad Akbar are tenants of Muhammad Khan co-accused. They were also his gunmen. Nazra accused is khalazad of the mother-in-law of Muhammad Khan accused. Afzal and Akbar accused are real brothers inter se while Muhammad Khan and Shabbir accused were fast friends.
3. The prosecution case is that about years prior to the occurrence Muhammad Khan appellant had exchanged some land with Mirza, a stepbrother of Muhammad Yar and Muhammad Amir deceased and the injured P. Ws. Mirza surrendered possession of the land in his possession but some of the land exchanged by him was in possession of Muhammad Yar and Amir deceased and Muhammad Khan appellant declared that he will himself take possession of the land from Amir and Muhammad Yar. About 6 months prior to the occurrence Muhammad Khan appellant went to the dera of Muhammad Yar and Amir deceased for taking forcible possession of the land and there was a fight between them in which Muhammad Khan appellant received injuries.
Muhammad Khan reported the matter to the police and got a case registered against Muhammad Yar and Muhammad Amir, deceased Muhammad Shafi P. W. And Muhammad Aslam. Amir deceased and Muhammad Shafi were challaned. The said case was still pending when the present occurrence took place.
' The narration of the occurrence in the words of Muhammad Akbar P. W. 9 is as under :- "I am resident of Old Bhalwal. About 6 months ago Muhammad Shafi son of Sooni etc. My uncles had given injuries to Muhammad Khan son of Yara, caste Chadhar resident of Old Bhalwal and for that a case F. I. R. No,
22. Dated 19-4-1979 under section 307/34, P. P C. Was registered at P. S. Bhalwal and the same is pending in the Court of Magistrate for trial. It was fixed for today for hearing. I, alongwith Muhammad Yar, Muhammad Shafi, Muhammad Amir and Muhammad Sher sons of Sooni attended the Court and while going towards our house were passing over the pu/li of Gobindpura at about 10-30 a.m. In the day when a truck No, 3632 R I B halted in front of us.
Muhammad Khan son of Yara Chadhar, Nazra son of Sardara Chadhar, Umra son of Gama, caste Chadhar, Akbar, fzal sons of Ahmad, caste Gondal, Jeeba son of Moonda caste Chadhar, Razaq son of Manik, caste Chadhar, residents of Old Bhalwal armed with Dangs and Usman son of Ahmad caste Chadhar resident of Old Bhalwal armed with clangs and Usman son of Ahmad resident of Old Bhalwal armed with hatchet alongwith four unknown whom 1 can identify on sight also armed with dangs emerged out of the said truck while challenging that they will today teach us a lesson for the injuries to Muhammad Khan. Muhammad Khan son of Yara accused gave a Dang blow which fell on the head of Muhammad Yar. Umra son of Gama accused inflicted a blow which also fell on the head of Muhammad Yar. Akbar son of Ahmad, Jeeba son of Moonda also inflicted Dang blows which also fell on the head of Muhammad Yar who fell down. Usman son of Ahmad gave a hatchet blow on the left leg lower part of Muhammad Shafi. Jeeba son of Moonda, Razaq son of Manik, Afzal son of Ahmad gave Dang blows to Muhammad Shafi one after the other which fell on the head and left arm. Nazra son of Sardara gave a Dang blow on the head of Muhammad Amir.
Akbar son of Ahmad also gave a Dang blow which fell on the head of Muhammad Amir. Me, and Muhammad Sher stepped forward to intervene when Muhammad Khan gave me Dang blows which fell on my forehead over the eye. Akbar and Umra gave Dang blows to Muhammad Sher which fell on his hands. The remaining unknown four accused armed with Dangs remained exhorting that they will kill if anybody interfered while Muhammad Khan etc. The 8 aforementioned accused remained beating us. Muhammad Khan son of Chawa, caste Panjutha resident of Chawa, Baqri son of Murad, caste Chadhar resident of Islampura reached at the spot, witnessed the occurrence and they rescued us from the accused by requesting them. Muhammad Khan etc. Have committed the present occurrence at the instance of Yara son of Gama, Ahmad son of Abdullah. Caste Chadhar resident of Old Bhalwal and Shabbir Ahmad son of Mukhtar Ahmad, caste Awan resident of Sardarpur now Bhalwal. Muhammad Yar, Muhammad Shafi, Muhammad Amir, Muhammad Sher have been carried by me to the hospital with the help of Muhammad Khan and Baqri and they are struggling for life and death there. I have come to make a report. The accused be proceeded against."
' The F. I. R. Exh. P. 2 was recorded by A. S. I., Saeed Akhtar P. W. 13 on 14-10-1979.
' After recording it the A. S.
1. Prepared the injury statement Exh. P. W. 13/1 of Muhammad Akbar P. W. He then proceeded to the hospital where the other injured were reportedly lying. He enquired from the doctor about their fitness to make statements. The doctor declared only Muhammad Sher fit to make the statement.
Accordingly he recorded his statement. He prepared the injury statement of Muhammad Amir deceased, Muhammad Shafi and Muhammad Sher P. Ws. He received an intimation about the death of Muhammad Yar in the hospital on which he went there and prepared his inquest report Exh. P. W 13/5. S. I. Muhammad Mumtaz also investigated the case. He recorded the statement of Muhammad Shafi P. W. After he had been declared fit by the doctor. Amir deceased died in the hospital. The S. I. Prepared his inquest report Exh. P. W. 15/4 and the injury statement Exh. P. W. 15/5 on 22-10-1979.
' On 15-10-1979 Muhammad Mumtaz S.
1. Arrested Muhammad Khan, Jeeba, Umar Hayat, Nazra, Usman accused from Bhalwal Bus Stand.
On 20 12-1979 Jeeba accused while in custody led to the recovery of bloodstained Lathi P. 7 from a kotha at the dera of Muhammad Khan accused in the area of Old Bhalwal through memo. Exh. P. R.
Thereafter, on the same day Usman accused while in custody got recovered blood-stained hatchet P. 8 from his kotha in the Abadi of Old Bhalwal through memo. Exh. P. S. On the same day Nazra accused led to the recovery of bloodstained Lathi P. 9 vide memo. Exh. P. T. Umar Hayat accused then led to the recoery of blood-stained Lathi P. 10 from his residential kotha in the Abadi of Old Bhalwal vide memo. Exh. P. U.
' Muhammad Mumtaz S. I. Arrested Sarwar, Ahmad Yar, Muhammad Bakhsh and Moonda accused on 24-10-1979 from Bhalwal Chowk and produced them before the Ilaqa Magistrate immediately thereafter and got them sent to judicial lock-up Sargodha on the same day. He then applied for the identification parade of the accused persons which was held on 27-10.1979 in the District Jail, Sargodha by Ch. Bashir Ahmad M. I. C. Sargodha.
' On 26-10-1979 he arrested Razaq and Akbar accused from Bus Stand Bhalwal. Razaq accused while in custody led to the recovery of bloodstained Lathi P. 11 from his residential kotha in the Abadi of village Old Bhalwal, ride memo. Exh. P. V. Then he went to the dera of Muhammad Khan accused in the area of Old Bhalwal and found Truck No, RIB 3652 which he took into possession vide memo.
Exh. P. W. Thereafter, Muhammad Khan accused led to the recovery of blood-stained Lathi P. 12 from his kotha inside his dera which he took into possession vide memo Exh. P. X. Akbar accused got recovered blood-stained Lathi P. 13 from a kotha at the same dera, vide memo. Exh. P. Y.
' He formally arrested Shabbir Ahmad and Yara accused on 14-11-1979. They had been granted pre- arrest bail by the High Court. The investigation was then taken up by Masood Aziz S. H.
0. He arrested Muhammad Afzal and Ahmad Yar accused on 13-11-1979.
3. Dr. Muhammad Rahim M.
0. Civil Hospital, Bhalwal on 14-10-1979 at 11-30 a.m. Conducted medical examination of Muhammad Yar son of Sooni, aged 45/50 years, caste Chadhar, resident of Old Bhalwal and found the following injuries on his person in his lifetime : "(1) A contused wound 3" x i'x bone deep on the right side of head 12 c.m. From the right ear, inclined in direction.
(2) A contused wound 3 c.m. x c.m. x bone deep on the right side of head 1 can. x c.m. From the right ear 2 c.m. Above and parallel injury No, 1.
(3) A contused wound 21 c.m. x ic.m, bone deep on the top of head 14 c.m. From the right ear.
(4) An abrasion 2 c.m. x 1/10 c.m. On the back of head on the middle 17 c.m. From the left ear."
' Injuries were kept under observation caused with blunt weapon and were of duration of few hours.
Exh. P E. Is the correct carbon copy of the medico-legal report ' On the same day at 11-35 a.m. He conducted medical examination of Muhammad Shafi son of Sooni, aged 35 years caste Chadhar resident of old Bhalwal and found the following injuries on his person : "(1) A contused wound 4 c.m. x I c.m. x bone deep on the right side of head 51 c.m. From the right ear.
(2) A contused wound 7 c.m. Into hone deep on the top of head on the right side 14 c.m. From the right ear.
(3) A contused wound 4 c.m. x 2 c.m. x bone deep on the left side of head 14 c.m. From the left ear.
(4) A contused wound 5 c.m. x I c.m. x bone deep on the left side of head 12 c.m. From the left ear, lateral to Injury No, 3.
(5) A contused wound 3f x I c.m. x bone deep on the top of head 1 c.m. From injury No, 1 lateral to it.
(6) Incised wound 14 c.m. x 2 c.m. With bones cut through and through on left leg 5 c.m. Above foot joint.
(7) Contused wound 2k c.m. x c.m. On the outer side of forearm."
' Injury No, 6 was grievous caused with sharp-edged weapon while all the other injuries were kept under observation and were caused with a blunt weapon within the duration of a few hours. Exh. P.
F. Is the correct carbon copy of the medico-legal report.
' On the same day at 11-40 a.m. He examined Muhammad Amir son of Soni, taste Chadhar resident of Old Bhalwal and found the following injuries on ' his person :- "(1) Contused wound 5 c m. x 1 c.m. x bone deep on the right side of head 12 c m. From the right ear.
(2) A contused wound 6 c.m. x 1 c.m. x bone deep on the right side of head 14 c.m. From right ear medial to injury No, 1.
(3) A contused wound 2 c.m. x 11 c.m. Bone deep on the right side of the forehead 2 c.m. From the right eye-brow.
(4) Swelling on the back of the whole of right palm. The thumb was also swollen.
(5) A contusion 14 c.m. x 2 c.m. On the right side of back.
' All the injuries were caused with blunt weapon within the duration of few hours. Injury No, 5 was simple while the rest were kept under observation. Exh. P. G. Is the correct carbon copy of the medico-legal report.
' On the same day at 11-45 a.m. He medically examined Muhammad Sher son of Soni. Aged 30 years, caste Chadhar resident of Old Bhalwal and found the following injuries on his person :- "(1) A contused wound 11 c.m. x c.m. On the back of roof of middle finger of right hand..
(2) A contused wound I c.m. x I c.m. x c.m. With 2 c.m. Swelling on the back of the root of left index finger."
' Both the injuries were kept under observation caused with blunt weapon within the duration of few hours. On the basis of X-ray report both the injuries were declared grievous vide his ruqqa Exh. P. H.
Exh. P. H.11 is the correct carbon copy of the medico-legal report On the same day at 11-50 a.m. He medically examined Muhammad Akbar son of Muhammad Stier, aged 35 years, caste Chadhar resident of Old Bhalwal and found the following injuries on his person : "(1) A contused wound 31 c.m. x I c.m. Bone deep on the left side of forehead 12 c.m. From the left eye-brow.
(2) An abrasion 2 c.m. x 1 c.m. On the back of the right shoulder with swelling 17 c.m. x 15 c.m."
' Both the injuries were kept under observation caused with blunt weapon within the duration of few hours. Exh. P. J. Is the correct copy of the medico-legal report.
' Muhammad Yar died of the injuries in the hospital on 14-10-1979 at 5 p.m. He conducted post- mortem examination on his dead body on 15-10-1979 at 8-30 p.m. The dead body was of a middle- aged man well built. The doctor found the following injuries on the dead body :- "(1) A contused wound 3 c.m. x 1 c.m. x bone deep on the right side of head 12 c.m. From the right inclined in direction.
(2) A contused wound 2 c.m. x 1 c.m. x bone deep on the right side of head 10 1 c.m. Above the right ear 2 c.m. Above and parallel to injury No, 1.
(3) A contused wound 21 c.m. x 1 c.m. x bone deep on the top of head 14 c.m. From the right ear.
(4) An abrasion 2 c.m. x 1/10 c.m. On the back of head in the middle 17 c.m. From the left ear."
' In his opinion death was due to shock and intracereberal haemorrhage which was sufficient to cause death in the ordinary course of nature which was caused by injuries Nos. 1 to 4 which were all grievous. All the injuries were individually sufficient to cause death in the ordinary course of nature and were ante-mortem caused with blunt weapon. Time between death and injuries was within 12 hours and between death and post-mortem within 24 hours. Exh. P.M. Is the correct carbon copy of the post-morte report. Exh. P. Mul is the diagram of injuries, ' Muhammad Shafi, Muhammad. Amir, Muhammad Sher were referred to D. 1-1. Q. Hospital, Sargodna for iurtner treatment.
' Dr. Abdul Manan, Radiologist D. H. Q. Hospital, Sargodha P. W. 1 on 27-10-1979 did X-ray examination of the injuries of Muhammad Sher son of Soni resident of Old Bhalwal and found the following injuries on his person (1)Fracture head of third metacorpal bone of right hand was seen.
(2)Fracture base of fourth metacorpal of right hand was seen.
(3)Fracture second metacorpal bone of left hand was seen. Exh. P. A. Is the original of his X-ray report. Exhs. PA/1 to 4 are the X-ray films. On 4-11-1979 he did X-ray examination of Muhammad Shafi injured son of Soni and found the following injuries (1)A uniting fracture of ulna middle 3rd part was seen with evidence of callous formation.
(2)Fissured fracture of left side of front to parietal region. Exh. P. B. Is the original X-rav report which is in his hand.
' On the same day he made X-ray examination of Muhammad Akbar son of Muhammad Sher and found the following injuries on his person "(1) No fracture seen in the skull.
(2) No fracture seen in the right shoulder."
' Exb. P. C. Is the original of his X-ray examination. Exhs. P.C./1 to 4 are X-ray films.
' Dr. Syed Muhammad Firdaus P. W. 2 on 23-10-1979 conducted the post-mortem examination on the dead body of Muhammad Amir son of Soni, caste Chadhar, aged 40 years. Resident of Purana and found the following injuries on his dead body "(1) A healing wound on the right side of skull 8 c.m. From the right ear in the middle of head.
(2)A healing wound on the right side of skull 2.5 c.m. Medial to the injury No, 1.
(3)A healing wound 2 c.m. x 1 c.m. On the right side of the forehead below the hair margin.
(4)There was a swelling on the right hand, thumb and index finger."
' Skull was fractured under injuries Nos. 1 and 2. Membranes of the brain were congested and the brain was also congested. There was fracture of thumb under injury No,
1. All the injuries were ante- mortem. Death occurred due to injuries to skull. The probable time between injuries and death was within 9 days and that between death and postmortem examination within 16 hours. Exh. P. T. Is the post-mortem report.
4. The appellants denied the prosecution allegations.
' Muhammad Khan appellant admitted his relationship with Shabbir accused. He also denied that Muhammad Afzal and Muhammad Akbar were his tenants or gunmen. As regards the exchange of land with Mirza, a step-brother of the deceased persons, he stated that he had exchanged it with Ahmad son of Beg and got possession of whole of the exchanged land and that Mirza aforementioned bad no connection with the said land. He also denied having made a declaration that he would get forcible possession of the land. He admitted that he was assaulted by Muhammad Shafi etc. While lying ambush for which Amir and Shafi were challaned. He denied the recovery of Lathi from his kotha. He stated that left side of his body was paralysed and, therefore, could not wield a stick. Further that he could not see from one of his eyes and vision of the other eye was also week. The other appellants also denied the charges and attributed the case to enmity.
' Shabbir, Ahmad and Yara denied to have in stigated Muhammad Khan etc. Accused for committing murders of Muhammad Amir and Muhammad Yar deceased and making murderous assault on the injured P. Ws. Yara appellant stated that he had been falsely implicated because he had lodged the F. I. R. Under section 307, P. P. C. Against Muhammad Shafi etc. For the murderous assault on Muhammad Khan appellant.
' The appellants examined Ahmad Khan F. C. In their defence. While appearing as D. W. 1 he proved the F. I. R. Dated 2-10.1974 under sections 148, 325/149, P. P. C. Recorded at the instance of Sardara alias Dari. According to him Nazra sou of Sardara, Riaz son of Muhammad, Yara son of Rehma, Muhammad son of Shahbal and Ahmad son of Shahbal were accused named in the said F. I. R.
According to him this case is still pending in the Court. He also proved F. I. R. Dated 8-6-1975 under sections 148, 324 and 325/149, P. P. C. Registered at the instance of Nazra son of Sardara, alias Dari, Manzoor, Mauloo, Mirza and Makhna. This case according to him was also pending in the Court.
5. The prosecution case rests on the evidence of Akbar P. W. 9, Muhammad Shafi P. W. 10 and Muhammad Sher P. W. 11 who furnished the ocular account. Sai P. W. 10 was examined to prove the conspiracy. Bashir Ahmad M. I. C. P. W. 16 conducted the identification parade of the accused who were not named in the F. I. R. Muhammad Afzal P. W. 8 and S. I. Muhammad Mumtaz P. W. 15 proved the recoveries from the appellants.
6. Relying on the ocular testimony, the motive and the recoveries the trial Court convicted and sentenced the appellants as described above.
7. It is contended that the eye-witnesses were highly interested and inimical towards the appellants and their evidence had not been accepted qua the 9 acquitted accused and as such conviction of the appellants should not have been based on their uncorroborated testimony. The occurrence took place in a thickly populated area and no independent person from that area was examined to support the prosecution version. Muhammad Khan and Baqri, the eye-witnesses mentioned in the F. I. R. Were not produced by the prosecution. It is further stated that a lot of material improvements have been made in the prosecution case and it is full of improbabilities, conjectures and surmises. Sai P. W. 12 the witness to the conspiracy was not believed by the trial Court. . The medical evidence is also stated to be in conflict with the ocular account.
' As regards the relationship of the prosecution witnesses to one another and the deceased it may be stated that Muhammad Akbar P. W. 9 is nephew of the two deceased whit:, Muhammad Shall and Muhummad Sher are real, brothers of the deceased. Muhammad Afzal P. W. 8 the recovery witness is real brother of Muhammad Akbar P. W. 9 (the complainant). They were certainly not on good terms with the appellants. Muhammad Akbar P.W. 9 admitted that Yara accused (since acquitted) is a complainant in the case under section 307, P. P. C. Registered against Muhammad Shafi P. W. And Amir deceased for murderously assaulting Muhammad Khan appellant. Nazra avid Akbar appellants were eye-witnesses in that case. The trial Court in para. 82 page 119 of the paper book has observed that "admittedly three injured P. Ws. Were interested and inimical. Muhammad Afzal P. W. 8 the recovery witness being brother of Muhammad Akbar P. W. 9 also sailed in the same boat and as such independent corroboration was required for believing the testimony of the said P.
Ws. Since the occurrence had taken place due to the old enmity so the motive could not be taken as independent corroboration in itself as required by law". The trial Court further observed that the medical evidence though proved the cause of death and injuries on the persons of the injured P.
Ws. But did not lend any support to the sets of the accused involved in the crime. The Court further observed that since Muhammad Afzal named in the F. I. R. Had been found innocent by the police it proved that the F. I. R. Was not all true and thus could not be treated as an independent corroborative piece of evidence. The trial Court however, considered that the recoveries of weapons of offence from the appellants provided the required corroboration. We do not agree with it on this A point. Muhammad Afzal who testified to the recoveries is real brother of the complainant. According to his own showing he lived at a distance of 8/9 miles from the place of recovery, He admitted that there wereinhabited houses near the dera of Muhammad Khan appellant and 5/7 other persons were also present there. According to him the house Usman appellant was inside Abadi of the village, Old comprising of 5,m0/6,000 persons, there were two Lambardars of the said village who were not summoned by the police to witness the recovery. He further stated that the houses from which Usman and Muhammad Akba appellant got recovered Lathis were lying open at the relevant time. It is also strange that Muhammad Afzal is a witness to various recoverie despite the fact that those were made on different dates. His evidence is in conflict with S. I. Muhammad Mumtaz with regard to the places of recoveries. It is not understandable as to why the appellants would keep blood-stained weapons of offence in their houses when they could have easily disposed them of. The circumstance that dangs were not sent to the Chemical Examiner after many days of the recoveries casts further doub on the genuineness of prosecution case. It is in evidence that some of the Lathis which were also stained with human blood were not even sent to the Chemical Examiner. It appears that it was at the discretion of the Investigating Officer to send some of the weapons to the Chemical Examiner and retain others at the police station. Dost Muhammad the other recovery witness who could corroborate Muhammad Afzal P. W. Was not examined by the prosecution. Furthermore, Muhammad Afzal P. W. 8 was not believed by the trial Court in respect of the recovery of dang P. 11 at the instance of Razaq accused.
The hatchet recovered from Usman appellant was not found to be stained with blood.
9. The trial Court disbelieved Muhammad Akbar P. W. In respect of the accused not named in the F.
I. R. The relevant portion of the judgment is as under : "It is unimaginable that a person would forget his class-mate in such a short span to say that he did not know him. Beyond that during his Examination-in-Chief Muhammad Akbar P. W. Deposed that accused Muhammad Bakhsh is also a tenant and gunman of Muhammad Khan. This he could say only if he had seen him earlier. Muhammad Sher and Muhammad Shafi named these accused before the police but strange it is that Muhammad Akbar did not inquire their names from them which definitely does not show his simplicity. The facts reproduced earlier make me to believe that all the four accused were definitely known to Muhammad Akbar even before the occurrence. Since they are not named in the F. I. R. Which perfectly makes me to arrive at a conclusion that they were not present at the spot as the presence of Muhammad Akbar there is no doubted."
10. The hostility of the prosecution witnesses towards the appellants is apparent from the fact that the case under section 307, P. P. C. Against their party for the assault on Muhammad Knan appellant is still pending. B Muhammad Shafi and Muhammad Sher P. Ws. And Amir deceased are the accused persons in the said case while Yara accused (since acquitted) is a complainant in that case. The eye-witnesses have been disbelieved qua majority of the accused including some of them to whom injuries to the deceased are attributed. As already pointed out the eye-witnesses and the recovery witnesses were interested and inimical towards the appellants. It is an established principle of law that interested testimony should be C corroborated by some independent evidence for sustaining conviction but the same is not forthcoming. Accordingly, in the absence of it we do not consider it safe to rely on the uncorroborated testimony of the eye- witnesse examined by the prosecution.
' We, therefore, accept the appeal, set aside their convictions and sentences and acquit the appellants of the charges by giving them the 'E benefit of doubt. They shall be set at liberty, forthwith, if not required in) any other case.
' The death sentence of Muhammad Khan, Nazra and Akbar appellants is not confirmed.
11. For the reasons discussed above, the revisions fail and are dismissed accordingly.