' IJAZ NISAR, J.---Nawaz, Ameen and Yasin sons of Siraj Din, Ashraf son of Ahmed Din, Siddique son of Wahga, Nawaz son of Tahira, Ghulam Muhammad son of Khushi Muhammad, Ashraf son of Ghulam Muhammad, Ashiq son of Karim and Ahmed Din son of Wahga were tried for the murders of Abdul Aziz, Liaquat and Saleem and for murderously assaulting Nasim Bibi and Ghulam Rasul P.Ws. By judgment dated 1-4-1987 the learned Additional Sessions Judge, Okara convicted them as under:-- Abdul Aziz deceased: ' For his murder Nawaz son of Siraj Din was sentenced to death and the others to imprisonment for life plus a fine of Rs, 5,000 or in default to undergo six months' R.I. Under section 302/149 P.P.C. Half of the fine, if realised, was ordered to be paid to the legal heirs of Abdul Aziz deceased. Liaquat Ali deceased: ' For his murder Ameen, Yasin, Ashraf son of Ahmad Din and Siddique were sentenced to death and others to imprisonment for life plus a fine of Rs, 5,000 each or in default to undergo six months' R.I.
Under section 302/149, P.P.C. Half of the fine, if recovered, was to be paid to the legal heirs of the deceased (Liaquat).
Saleem deceased: ' For his murder Nawaz son of Tahira, Ghulam Ahmad and Ashraf son of Ghulam Muhammad were sentenced to death and the remaining to imprisonment for life plus a fine of Rs, 5,000 each or in default to undergo six months' R.I. Under section 302/149, P.P.C. Half of the fine, if realised, was ordered to be paid to the legal heirs of the deceased (Saleem).
Nasim Bibi injured PW: ' For murderous assault on her Nawaz and Ameen son of Siraj were sentenced to ten years' R.I. And other s to five years' R.I. Plus a fine of Rs, 2,000 each or in default to undergo three months' R.I. Under section 307/149, P.P.C. Half of the fine, if recovered was ordered to be paid to Mst. Nasim Bibi.
Ghulam Rasool injured PW: ' For murderous assault on him Ashiq and Ahmad Din were sentenced to ten years' R.I. And the remaining accused to five years' R.I. Plus a fine of Rs, 2,000 each or in dafault to undergo six months under section 307/149, P.P.C. Half of the fine, if realised, was ordered to be paid to Ghulam Rasul P.W.
As compensation. All the above accused were also convicted under section 148, P.P.C., and sentenced to undergo two years' R.I. Each. They were further convicted under section 452/149, P.P.C.
And sentenced to five years' R.I. Each plus a fine of Rs, 1,000 or in default to undergo three months'
R.I. The sentences of imprisonment were to run concurrently with benefit of section 382-B, Cr.P.C.
' The above-noted accused have filed appeal while the learned trial Court had made a reference for the confirmation of the death sentences. Both the matters shall be disposed of by this judgment.
2. Nawaz, Ameen and Yasin appellants are sons of Siraj Din. Nawaz son of Tahira, Ashiq and Ashraf son of Ahmad Din, Ashraf son of Ghulam Muhammad, Siddique and Ahmad Din are all cousins and uncles of Nawaz, Qamar, Yasin and Hanif deceased.
3. The prosecution case is that in the year, 1985 Hanif son of Siraj Din was murdered for which Hakam Ali father of Muhammad Hassan complainant, his maternal uncle Ni7am Din and cousin Ramzan were challaned. On the night of 9-5-1985 at 2.00 a.m. Muhammad Hassan complainant PW. 6 was sleeping at his house alongwith Abdul Aziz, his brother Liaquat Ali, his cousin Saleem deceased and other relations. Abdul Aziz deceased, his sister Mst. Naseem Bibi PW. 7 and brother Ghulam Rasul were also sleeping there. He got up on the barking of dogs and noise of jumping of the accused and saw Nawaz son of Siraj Din, Ashraf son of Ahmad Din, Ashraf son of Ghulam Muhammad armed with guns. Ameen son of Siraj Din, Nawaz son of Tahira, Ghulam Muhammad son of Khushi Muhammad, Ashiq son of Karim and Ahmad Din son of Wahga armed with 12 bore pistols, Yasin son of Siraj Din armed with a barchhi and Siddique son of Wahga armed with a hatchet. They attacked the deceased. Nawaz son of Siraj Din fired at Abdul Aziz deceased hitting him in the belly as a result of which he died instantaneously. Ameen son of Siraj Din fired at Liaquat Ali deceased hitting on his right arm. Liaquat All rushed towards the room to save himself. Ameen, Yasin, Siddique and Ashraf son of Ahmad appellant chased him. He was about to shut the door when Yasin inflicted a barchhi blow on him in the belly. Siddique appellant gave a hatchet blow on the back of his head. Ashraf son of Ahmad Din fired at his chest. Mst. Naseem Bibi PW. 7 stepped forward to rescue his brother Liaquat Ali but Ameen appellant fired at his right thigh whereafter Nawaz son of Siraj Din fired at her hitting her left thigh. Nawaz son of Tahira fired at Saleem deceased hitting him on the left shoulder and his left wrist. Ghulam Muhammad appellant fired at Saleem hitting him on the right thigh. Ashiq and Ahmad Din tired at Ghulam Rasul PW. 8 and injured him. The appellants then left the spot firing shots in the air and raising lalkaras that they had avenged the murder of Hanif deceased. Hanif was brother of Nawaz, Ameen and Yasin sons of Siraj Din appellants. Saleem, Liaquat Ali and Abdul Aziz died on the spot. The occurrence was also witnessed by Ameen and Rehmat Ali (not examined). Muhammad Hassan PW. 6 reported the matter to the police by lodging FIR Exh. PF at P.S. Hujra Shah Muqeem, District Okara on the same night at 4.30 a.m.
4. After recording the FIR Si. Ahmad Khan PW. 13 left for Civil Hospital, Hujra Shah Muqeem. He prepared the injury statement Exh. PA/2 and Exh. PB/1 of Mst. Naseem Bibi and Ghulam Rasul P.Ws.
Respectively. He then left for the spot, prepared the injury statement Exh. PDD and inquest report Exh. PJ of Saleem deceased, injury statement Exh. PFF and inquest report Exh. PGG of Liaquat Ali deceased, injury statement Exh. PHH and inquest report Exh. PII of Abdul Aziz deceased. He secured blood-stained earth from the spot and seized eight empties p.17 to 24 and 14 pellets P. 25 vide memo. Exh. PR attested by Muhammad Sharif PW. 10 and Muhammad Shafi (not produced). He secured blood-stained clothes of the injured P.Ws.
' Ahmad Khan S.I. Arrested Nawaz son of Siraj Din, Ameen, Nawaz son of Tahira and Ashiq son of Karim on 31-5-1985. The other accused were arrested on 27-6-1985. On 31-5-1985 Nawaz son of Tahira, Ashiq son of Karim, Ameen son of Siraj, Nawaz son of Siraj led to the recoveries of pistols P.
26, P. 27, P. 28 and gun P.
29. Siddique got recovered hatchet P. 30 on 27-6-1985. Ahmad Din got recovered pistol P.
31. Yasin got recovered blood-stained spear P.32. Ghulam Muhammad got recovered pistol P.33.
Ashraf son of Ahmad Din led to the recovery of gun P.34 while Ashraf son of Ghulam Muhammad led to the recovery of licensed gun of his brother. Muhammad Iqbal PW. 11, Noor Ahmad (not produced) and Ahmad Khan S.I. PW. 13 attested the recovery memos.
5. The reports of the Chemical Examiner and Serologist were not produced by the prosecution.
Hence the trial Court discarded the recoveries of hatchet and spear. The fire-arms were sent to the Forensic Science Laboratory for comparison with the crime empties. According to the report of Forensic Science Laboratory Exh. PLL, four empties matched with the gun of Nawaz son of Siraj, one empty with the gun of Ashraf son of Ghulam Muhammad and the remaining three empties did not match with any fire-arm.
6. Lady Doctor Azra Parveen PW. 1 medically examined Mst. Naseem Begum P.W. On 9-5-1985 at 9. a.m. And found the following injuries on her person:
(1) There were multiple lacerated wounds and laceration 10 in number 9 x 6 cm on the right leg i.e, inner side of middle of the thigh as under:--
(i) Lacerated wound 20 cm above right knee joint 1 x 1 x 2 cm with burnt edges.
(ii) 2-1/2 x 1-1/2 x 1/2 cm lacerated wound with burnt edges.
(iii) Abrasion 3 x 1 cm with black edges.
(iv) Lacerated wound 1 x 1/2 x 1/2 cm.
(v) Lacerated wound 1/2 cm above the injury No, 3 2 x 1 x 1-1/2 cm with burnt edges.
(vi) Lacerated wound 1 x 1 x 2 cm.
(vii) 2 x 1 x 1/2 cm.
(viii)3 x 2 x 2 cm.
(ix) 1-1/2 x 1 x 2 cm.
(x) Abrasion 1 x 1 cm.
(2) Left leg inner side of middle of thigh. There were multiple wounds and abrasions covering an area of 15 x 5 cm and swelling in area of 14 x 10 cm with two abrasions as follows: ' 22 cm above the left knee joint there was lacerated wound 1 x 1 x 1 cm with burnt edges.
' The injuries were caused by fire-arms and were simple in nature.
' Dr. Muzaffar Ali PW. 2 medically examined Ghulam Rasool P.W. And noticed the following injuries:
(1) A lacerated wound on left elbow joint near olecronin process with blackening and burning around edges, 1 x 1 x 1 cm.
(2) A lacerated wound on left forearm on outer surface 3 cm from elbow joint 1 x 1 x 1 cm with blackening and burning present.
(3) A lacerated wound on outer surface of left forearm 4 cm from elbow joint 3/4 x 3/4 x 1 cm with blackening and burning present.
(4) An abrasion on outer surface of left thigh on middle 1 x 1 cm.
(5) An abrasion on front of left knee joint 1 x 1 cm.
(6) A lacerated wound on inner surface of right thigh on middle with blackening and burning 1/2 x 1 x 1 cm.
(7) A lacerated wound on back of right thigh 18 cm from knee joint 1 x 1 x 2 CM.
' Injuries Nos. 4 and 5 were caused by blunt weapon and were simple in nature. The other injuries were caused by fire-arm. They were also simple in nature.
' On the same day the post-mortem examination of Liaquat Ali deceased was performed and following injuries were found:
(1) An incised wound on occipit. It was 4 x 1/2 cm x 1-1/2 cm.
(2) Multiple abrasions on front of left chest in an area of 17 cm x 10 cm.
(3) A lacerated wound in front of right side of chest near nipple. It was 1 cm x 1 cm x 1 cm. One pellet was removed from it.
(4) A lacerated wound in front of right chest 3 cm from injury No,
3. Wound is 1/2 x 1/2 x 1 cm.
(5) An incised wound on front of right forearm near elbow joint. It is 14 x 7 x 2 cm.
(6) Multiple small lacerated wounds on lateral surface of left forearm and wrist joint. Edges of wound are burnt and wound covered the area of 8 x 5 cm, all had the same size 1 x 1 x 4 cm.
(7) Multiple small lacerated wounds on medical surface of left forearm and wrist joint corrosponding to injury No, 6.
(8) An incised wound in front of abdomen 1 cm above the umbilicus. Intestine protruding out.
Wound was 5 x 3 x 10 cm going up towards the Mart. This injury was caused by sharp weapon piercing the stomach and heart.
(9) Multiple small lacerated wound on front of right side thigh 5 cm above right knee joint on area of 8 x 5 cm, edges of wounds were burnt. All had the same size i.e, 1 x 1 cm x piercing the right thigh.
(10) Multiple small lacerated wounds on back of right thigh and right knee joint in area of 10 x 5 cm, edges were everted showed the exit wound of injury No, 9 right femur fractured.
' Injury No, 8 caused by sharp-edged weapon was fatal.
' The post-mortem examination on the dead body of Abdul Aziz deceased was conducted on the same day and the following injuries were found thereon:
(1) A lacerated wound in the epegastrium on xiphoid process, edges are inverted, burning was present around the edges, wound was 4 x 5 x 7 cm.
(2) Two small lacerated wounds at left side lower back edges were everted both had the same size 1/2 x 1/2 x 3 cm. These too corrosponded to exit wound of pellet.
' Death was due to injury No, 1 caused by fire-arm.
' The post-mortem of Saleem deceased revealed the following injuries:
(1) A lacerated wound on occiput. Wound was 1 x 1 x 2 cm.
(2) Five small lacerated wounds at the back of left shoulder girdle in an area of 18 x 8 cm burning round edges present all had the same size 1 x 1 x pierced whole chest.
' A lacerated wound on the back of left arm in middle burning was present around the edges wound was 1 x 1 x 1 cm.
' An abrasion on outer surface left forearm 6 cm from elbow joint abrasion was 1 x 1/2 cm.
' A lacerated wound on front of left thigh 20 cm from the left knee joint wound was 1 x 1 x 1 cm with burnt edges.
' A lacerated wound on front of left thigh 11 cm from left knee joint. Wound was 1 x 1 x 1 cm with burnt edges.
' A lacerated wound on front of left thigh 7 cm from left knee joint. It was 1 x 1 x 1 cm with burnt edges.
' A lacerated wound with everted edges at the back of left thigh corresponding to injury No, 6 showed exit wound of injury No, 6.
' A lacerated wound on front of left leg in middle with burnt edges wound was 1 x 1 x 2 cm.
(10) A lacerated wound on back of left leg corresponding to injury No, 9 edges everted.
' Death was by injury No, 2 caused by fire-arm.
7. The appellants denied the prosecution allegations and stated to have been involved on account of suspicion and enmity. According to them the occurrence was committed by some unknown persons. They, however, did not deny the motive and admitted that Hanif son of Siraj Din was murdered about four months prior to the occurrence. No evidence was called in defence.
8. The prosecution case rests on the ocular testimony furnished by Muhammad Hassan PW. 6, Mst.
Nasim Bibi PW. 7, Ghulam Rasool PW.
8. Muhammad Sharif PW. 10 proved the recoveries of crime empties from the spot while Muhammad Iqbal PW. 11 was examined to prove the recoveries of weapons of offence from the appellants. Ahmad Khan S.I. PW. 13 investigated the case.
9. Relying on the motive, the ocular testimony and the recoveries of guns P. 29 and P. 35 from Ashraf son of Ghulam Muhammad and their matching with the crime empties the learned trial Court convicted and sentenced the appellants as stated above.
10. It is contended that in view of the admitted hostility between the parties, the eye-witnesses who were closely related to the deceased should not have been relied upon without independent corroboration, that the complainant party has thrown the net too wide to implicate such a large number of accused and that no independent witness was examined to prove recoveries of crime empties from the spot and their matching with the guns of Nawaz son of Siraj Din and Ashraf son of Ghulam Muhammad. It is next argued that if Muhammad Hassan PW. 6 had been present the appellants would not have spared him being son of Nizam Din who was one of the accused of the murder of Hanif.
11. The motive is not disputed or denied by the appellants. They admitted that four months prior to the occurrence Hanif son of Siraj Din and brother of Nawaz, Ameen and Yasin appellants was murdered for which Hakam Ali father of Muhammad Hassan complainant and Liaquat Ali deceased was tried. They also admitted their relations inter se. There is no material on the record that anyone else nursed a grudge against the complainant party so as to wipe them out in the present manner. The eye-witnesses are natural witnesses. They were present in their house when they were attacked by the appellants. Mst. Nasim Bibi and Ghulam Rasul PW. 8 received a large number of fire-arm injuries during the occurrence which could not be self-suffered. Although the occurrence had taken place at night time, the eye-witnesses would not have faced any difficulty in identifying the assailants because the attack was launched from a close range and the assailants were also known to them. The electric bulbs were also lightening. Blackening found around the fire- arm injuries of the deceased and injured P.Ws. Shows that the assailants were very close to them.
The version given by the eyewitnesses completely fits in with the medical evidence. The matter was immediately reported to the police with all the necessary details including the names of the assailants and the persons witnessing the occurrence. The incident had taken place at 2-00 a.m.
While the report was lodged with the police at 4-30 a.m. The distance between the spot and the police station being 4-1/2 k.m. The arguments of the learned defence counsel that if Muhammad Hassan had been present at the spot the appellants would not have spared him seems to be without any force because his sister Mst. Nasim Bibi PW. 7 though injured was not killed by them.
12. The eye-witnesses stand corroborated by the recovery of the crime empties from the spot and their matching with the guns of Nawaz son of Siraj Din and Ashraf son of Ghulam Muhammad. The evidence of Muhammad Sharif PW. 10 who proved the recovery of crime empties cannot be discarded merely because he is related to the deceased. He had no enmity of his own against the appellans. The crime empties were despatched to the Forensic Science Laboratory before the recoveries of guns. Muhammad Iqbal PW. 11 who deposed about the recoveries of the weapons of offence from the accused had also no axe to grind against them nor had any motive to falsely implicate them. Although the learned trial Court did not attach any importance to the recoveries of hatchet and spear from Siddique and Yasin appellant respectively for the non-production of the reports of Chemical Examiner and Serologist, yet this fact by itself would not have any adverse bearing on the ocular testimony which is corroborated by the medical evidence and other attending circumstances. The number and nature of injuries suffered by the complainant party is proportionate to the number of the appellants. The eye-witnesses have given a consistent account of the occurrence specifying part of each accused. All of them were motivated against the complainant party and thus could stand shoulder to shoulder with one another. As per prosecution version the fatal injuries of Abdul Aziz deceased, Liaquat deceased and Saleem deceased are attributed to Nawaz son of Siraj, Yasin and Ashraf son of Ghulam Muhammad appellants respectively. The guns recovered from Nawaz son of Siraj and Ashraf son of Ghulam Muhammad matched with the crime empties recovered from the spot.
13. For the foregoing reasons the prosecution has succeeded in bringing home guilt to the appellants beyond all reasonable doubt. They were, therefore, rightly convicted. As regards sentence we do not consider Nawaz son of Siraj Din, Yasin son of Siraj Din and Ashraf son of Ghulam Muhammad entitled to any leniency because fatal injuries are attributed to them.
Accordingly, we maintain their sentence and dismiss their appeal in toto. However, we alter the E death penalty of Ameen son of Siraj Din, Ashraf son of Ahmad Din, Siddique son of Wahga, Nawaz son of Tahira and Ghulam Muhammad son of Khushi Muhammad to that of imprisonment for life as they did not cause the fatal blow. Their death sentences are not confirmed.
' The conviction and sentence of Ashiq son of Karim and Ahmad Din son of Wahga on all the charges is maintained.
' The conviction and sentence of the appellants under sections 148 and 452/149, P.P.C. Are maintained. The sentence of imprisonment shall run concurrently. The appeal is disposed of in the above terms.