{{PAGES MISSED REVIEW LATER}} Criminal Procedure Code, 1898 S.410- -Offence u/Ss 302/307/148/149 PPC-Conviction thereunder-Accused sentenced to life imprisonment on two counts-Appellants assailing the same- -Held that it is well recognised principle of criminal practice that absondence by itself is not sufficient to corroborate the prosecution case but in the instant case the prosecution evidence having been found to be credible fully corroborated by the medical evidence and the other circumstances, the abscondence of the convict-Appellants is a further piece of corroborating evidence-The prosecution successfully brought home guiIt to the convict- Appellants and they were rightly convicted-Further held that the appeal is dismissed- (Paras, 2, 12)
AIR 1934 PC 227, PLD 1979 SC 934....... Referred.
For the Appellant: M.Zahar-uI-Haq Khan and Mohammad Feroz Shah, Advocate.For the State: AA.G.Date of hearing: 13th November and 14th November, 1988.JUDGMENT MOHAMMAD ISHAQ KHAN, J.- Zangu Bar (38/39), his brother Umar Zad (37) and Arzumand (43), sons of Janat Mir were convicted under Sections 302/34 P.P.C on two counts and were senbtenced to imprisonment for life and fine of Rs. 5,000/- on each count. IndefauIt of payment of fine they were to undergo two years R.I each on count by the judgment dated 22.7.1987 of Sayed Yahya Zahid Gillani, Sessions Judge, Bannu. Aggrieved by their conviction and sentences they have preferred the instant criminal appealk. Muhammad Noor has also filed criminal revision petition No.5 of 1987 for the enhancement of the sentence imposed upon the appellants. Both the criminal appeal and criminal revision being the out come of one judgment arc disposed of through this judgment.
2. Facts of the case in brief are that on 29.121971 at 16.35 hours Arab Khan lodged a report in Police Station city Bannu to the effect that with a view to make some purchases he had gone to Bazar out side Hawed Gate at 'Pashin Qasa Wclla' when Badi-uz-Zaman and Zar Khan the two deceased coming out of the Bazar reached out-side Hawed Gate in a Tanga. Badi-uz- Zaman deceased was armed with D.B shotgun while Zar Khan deceased was armed with S.B shotgun. He shook hands with them. Afsar Ali son of Amir Nawaz was also standing behind the Tanga on a cycle. In the mentime Arzumand and Zangu Bar convict-appellants armed with D.B shotgun, Umar Zad convict- appellant armed with S.B Shotgun, Bakht Baidar the acquited- accused armed with 303 bore rifle and a boy of Wazir tribe who was subsequently named as Aruang Zeb also rmed with 303 bore rifle came out of the shop of Hamidullah Khan and started firing at Badi-uz-Zaman and Zar Khan the two deceased, who were both hit and fell down in the Tanga. All the five accused thereafter reloaded their guns and firing shots in the air deemped from the spot. When he reached near the two deceased, Badi-uz- Zaman had already expired while Zar Khan was on the death point and was unable to talk. One Noor Ali who had also come there to make purchases was also injured. The dead body of Badi-uz-Zaman deceased had also been taken by the complainant to the Police Station and during the recording of the F.I.R the dead body of Zar Khan also arrived in the Police Statiuon. Accordingly a case under Section 302/307/148/149 P.P.C was registeted against all the five accused on two counts.
3. After recording the F.I.R the dead bodies of the two deceased were despatched to the mortuary for Post Mortem Examination. Docotor Muhammad Yaqoob Khan performed the autopsy on the dead body of Badi- uz-Zaman and on external examination found the follwoing injuries on his person.
1. One irregular inlet wound 1 1/2" x 1 1/2 size on right temporal region along the upper and interion part of right ear, going deep into the skull and causing two outlet wound side by side, 1/2" x 1/2" and 1/2" x 1/2" each by size, occipital region posteriorly three inches just above the base of skull.
2. One circular inlet wound 1" x 1" by size left chest posteriorly at a point just over medial angle of left scapular bone, going deep into the chest and causing six outlet wounds 1/2" x 1/2" by size, left side of neck (lower part) just above left clavicular bone, spread in an area of three inches x 3 1/2" and one pellet found subsstaneously in the some area and removed.
3. One irregular ialet wound 2" x 2 1/2" by size, on right elbow joint lateral size and causing one irregular outlet wound of the same joint internal side 2" x 3" by size, and one card board found in this#tbs655 Cr. C.(Para, 6)#tbe#tbsKey Law Reports#tbe#tbs[Vol.Viii#tbeFor the Petitioner: Rana Muhammad Saleern Akhtar, Advocate.Date of hearing: 11th June, 1989.ORDERKhalid Paal Khawaja, J.- Mst. Zenib Bibi, petitioner has alleged that the respondents were keeping Arshad, Yasin and Muhammad Siddique detenus in illegal detention. She prayed that the said detenus be got recovered through a Bailiff and set at liberty. On 10.6.1989 a Bailiff of this court was deputed to recover the detenus and to produce them in court today.2. Muhammad Arif Butt, Bailiff has reported that the alleged detenus had been arrested by the authorities of the police station D-Type Colony, Faisalabad in various cases. Muhammad Yasin and Muhammad Siddique detenus have been arrested in cases under articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 which were registered against them on 9.6.1989. It has also been reported that Muhammad Arshad detenu had been arrested by the police in a case under section 13 of the Arms Ordinance which had been registered against him on 10.6.1989.3. Muhammad Arshad detenus has been produced before this court in handcuffs. The respondents state that he was originally arrested in a case under the Arms Ordinance but the Ilaqa Magistrate had not granted physical remand to them and now he has been arrested in a theft case which had been registered on 11.5.1989 at the instance of one Khalid Hameed.4. I have heard the learned counsel for the petitioner and the respondents at length. I have also gone through the material on record.5. Muhammad Yasin and Muhammad Siddique the alleged detenus have been arrested in two separate cases of narcotics. Their arrest cannot be termed as illegal detention. The petition, so far as the said two persons are concerned, fails. They may have recourse to the competent count for their bail if so advised.6. As regards Muhammad Arshad detenus, the Ilaqa Magistrate has not allowed his physical remand to the police. He has been shown to be under arrest in a theft case. The perusal of the record shows that he has not been named in the FIR of the said case. He is admitted to bail in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) Lahore High Court. He shall join the investigation as and when asked by the police in writing.7. The petition is disposed of accordingly.