' MUHAMMAD MUNIR KHAN, J.-- This Criminal Appeal No,58 of 1988 arises from the judgment of learned Judge, Punjab Special Court for Speedy Trials No, VI, I3ahawalpur, whereby he on 27-9- 1988, convicted Ali Nawaz appellant (30) appellant under section 302/307/436/148/149, P.P.C. And sentenced him as under:- Under section 148. P.P.C.Three years' R.I. and a fine of Rs.5,000 in default thereof one year R.I.
Under section 302/149.P P C for causing death of17others.Death and a fine of Rs.10,000, in default thereof 2 years' R.I. on 18 counts.
' It was directed that the fine if recovered, half of the same be paid to the legal heirs of each deceased in equal share.
Under section 307/149, P.P.C. for murderous assault on Mst.
Khundal and Mst. Haleema.to 10 years' R.I. and a fine of Rs.7,000, in default thereof 1-1/2 years' R.I. on each count, with the direction that the fine if recovered half ofthe same be paid to each injured in equal share.
Under section 436/149, P.P.C.to 10 years' R.I. and a fine of Rs.20,000 in default thereof 5 years'
R.I.
2. The occurrence took place on 3-2-1988 at about 5-00 p.m. In Baste Daulatabad at a distance of 45 k.m. From Police Station Machka. F.I.R. Exh.P.A. Was lodged by Abdul Redman P.W.11, paternal- uncle of King deceased on 4-21988 at 12-30 a.m. And was recorded by Bashir Ahmad S.H.O./S.I.
P.W.15.
3. The motive as alleged by the prosecution was that 15 years before the occurrence Matara, uncle of Abdul Rehman complainant P.W. Had committed double murder of his wife and Sheru, brother of Sahaba co-accused on the suspicion of their illicit relations. To take the revenge of the murder of Sheru, the appellant and his co-accused have killed the 18 deceased and caused injuries to the P.Ws.
4. As for the main occurrence, it has been stated that at the fateful time, 18 deceased namely Kingu, Gotha, Mohar, Buland, Haji, Ali Nawaz, Mst. Sachal, Mst. Siani, Mst. Sat Bharai, Mst. Pathani, Mst.
Bai, Mst. Anwar Mai, Mst, Asoodi, Mst. Salina, Mst. Jammul, Mst. Hurmat, Mst. Hanifan, Mst. Gopher and the two injured namely Mst. Halccma P.W. And Mst. Khundal (not produced), were present in different Sahals situated in Basti Daulatabad when Sahaba appellant and 10 others duly armed with Kalashnikovs and rifles came there and started firing hitting the aforesaid 18 deceased and the injured P.Ws. The occurrence was seen by Mst. Halima, Mst. Jannat, Mst. Begum, Abdul Rehman and Muhammad Akbar P.Ws. Kingu and 17 others succumbed to the injuries on the spot.
5. On 4-2-1988 Dr. Abdul Wahab, P.W.1 medically examined Mst. Haleema P.W. And found 3 fire-arm injuries on her person. On the same day he medically examined Mst. Kaunda, aged 7 years and found 2 fire-arm wounds on her person.
' On 5-2-1988, he conducted post-mortem examination on 18 dead bodies. He found 9 fire-arm wounds on the dead body of Mst. Goheeri, 2 fire-arm wounds on the dead body of Mst. Sakina, 5 fire-arm wounds on the dead body of Mst. Asoodi, one fire-arm wound on the dead body of Boland, 2 fire-arm wounds on the dead body of Mst. Jammu, 2 fire-arm wounds on the dead body of Mst.
Sayani, 6 fire-arm wounds on the dead body of Goha, 2 fire-arm wounds on the dead body of Kingu, 5 fire-arm wounds on the dead body of Mst. Hurmat, 2 firearm wounds on the dead body of Ali Nawaz, 4 fire-arm wounds on the dead body of Mst. Hanifan, 2 fire-arm wounds on the dead body of Mst. Sat Bahrain, 2 firearm wounds on the dead body of Haji, 2 fire-arm wounds on the dead body of Mst. Bai, 2 fire-arm wounds on the dead body of Mehar, 2 fire-arm wounds on the dead body of Mst. Anwar Mai, 2 fire-arm wounds on the dead body of Mst. Pathani, 2 fire-arm wounds on the dead body of Mst. Sachal.
' In his opinion, the cause of their death was shock and haemorrhage. The injuries were ante- mortem and were caused by fire-arm. The time between injuries and death was between 36 and 48 hours.
6. The appellant was arrested on 2-6-1988 by Ch. Muhammad Sadiq, Inspector P.W.6, who handed him over to S.H.O., P.S. Ahmadpur Lamman. The appellant was immediately sent to judicial lock-up.
On 6-6-1988 identification parade was held under the supervision of Muhammad Ishaq, Naib- Tehsildar P.W.2, Abdul Rehman P.W.11 and Muhammad Akbar P.W.12 correctly identified him in the identification parade. No crime weapon could be recovered from him during investigation.
7. To prove its case, prosecution produced as many as 15 witnesses. Abdul Rehman P.W.11, Muhammad Akbar P.W.12 and Mst. Haleema P.W.13 have given the ocular account of the occurrence. 144st. Haleema P.W. Has not named the appellant in her statement. Abdul Rehman P.W.11 stated that at the time of occurrence he had seen the culprits including Ali Nawaz appellant firing with kalashnikoves and rifles on the residents of Basti Daulatabad resulting in the death of 18 persons and injuries to Mst. Haleema and Mst. Khandul P.Ws. Muhammad Akbar P.W.12 has made almost similar statement. Dr. Abdul Wahab P.W.1 has proved the medico-legal reports of the two injured P.Ws. And postmortem examination reports of the 18 deceased. Muhammad Ishaq, NaibTehsildar P.W.2 has proved the proceedings of the identification parade. He had taken all precautions necessary for a fair parade. He stated that Abdul Rehman and Muhammad Akbar P.Ws. Had correctly identified the appellant in the parade. Non-bailable warrants for the arrest of the appellant were entrusted to Rehmat Shah A.S.I., P.W.7. The appellant could not be traced out. His report is Exh.P.X./3. Bashir Ahmad S.I. Had investigated the case. The rest of the evidence is more or less of formal nature.
8. When examined under section 342, Cr.P.C. The appellant denied all the incriminating circumstances. He raised the plea of false implication on account of enmity. He also gave evidence on oath in disproof of the charges against him.
9. Believing the motive, ocular evidence, identification proceedings and the circumstance of the abscondence and disbelieving the plea of the appellant, the trial Court has convicted and sentenced him as stated above.
10. Learned counsel for the appellant contended that the prosecution has failed to prove its case against the appellant beyond reasonable doubts, inasmuch as there is a delay of about 19 hours in lodging the F.I.R. That the ascendance of the appellant has not satisfactorily been proved; that the eye-witnesses are related to the deceased and there are major contradictions/material discrepancies in their statements. The learned Assistant Advocate-General has supported the judgment of the trial Court.
11. We have anxiously attended to the arguments of the learned counsel for the parties and have reviewed the entire evidence that has been produced by the prosecution, the statement of the appellant recorded under section 342, Cr.P.C. And the circumstances appearing in the case, carefully. We do not feel persuaded to agree with the learned counsel for the appellant. No doubt, F.I.R. Was lodged after about 19 hours of the occurrence but this delay has satisfactorily been explained in the F.I.R. And in statement of the complainant before the Court. The complainant stated that because of the fear he could not go to the police station on the night and proceeded towards the police station on the following day to lodge report. The place of occurrence is 45 k.m.
From the police station. Eighteen persons of Bradri of the complainant had been killed by the appellant and his co-accused. In these circumstances, his statement that because of the fear he could not leave for police station on the night, appears to be true.
12. Adverting to the occular evidence, we find that three witnesses namely! Mst. Haleerna, Muhammad Akbar and Abdul Rehman, P.Ws. Had no reason to depose falsely against the appellant. Brother of. Sahaba co-accused was killed about 15 years before the occurrence by Matara, a relative of the witness and no untoward incident had taken place till the present occurrence. The statements of the eye-witnesses cannot be discarded on account of mere relationship with the deceased. Mst. Haleema P.W. Is an injured witness. By the fact of injuries, her presence on the spot is very much established. Abdul Rehman and Muhammad Akbar P.Ws. Being residents of the village where the occurrence took place, are the natural witnesses. All the eye- witnesses have successfully faced the test of cross-examination. The statements made by them are in consonance with possibilities and materially fit in with the rest of the evidence. The statements made by them do not suffer from material discrepancies/major contradictions or dishonest improvements. They have consistently stated in the F.I.R., statements under section 161, Cr.P.C. And statements before the Court that they had seen and identified the appellant as one of the culprits, who had murdered the 18 deceased and injured P.Ws. By fire-arm shots from Kalashnikovs and rifles. The number of the culprits named by them commensurate with the number of the injuries received by the deceased and the two injured witnesses. In view of large number of the deceased and the injured P.Ws. The eye-witnesses could easily involve other relatives of the 11 accused or their enemies, but they have not done so. We are convinced that the three eye-witnesses were in fact present on the spot and had correctly identified the appellant as one of the offenders. So conviction can safely be upheld on their testimony without independent corroboration qua the appellant. If the rule of prudence still required corroboration of the eyewitnesses, the same is also available in the shape of circumstance of ascendance of the appellant proved by Abdul Hameed A.S.I. P.W.2. The occurrence took place on 3-2-1988. Non- bailable warrants for his arrest were issued, efforts were made to arrest him but he could not be found. We do not see any reason to disbelieve Rehmat Shah A.S.I. The submissions made by the learned counsel for the appellant are devoid of force and substance.
' The upshot of the above discussion is that there being satisfactory basis, to uphold the conviction recorded by the learned trial Judge, the appeal is It-dismissed.