Shaukat Ali appellant was convicted by Additional Sessions Judge, Lahore vide judgment dated 2- 7-1981 for an offence under section 394, P.P.C. And sentenced to 10 years' R.I. And a fine of Rs.5,000 or in default thereof six months' R.I. He has appealed.
2. The sentence of the appellant was suspended and he was allowed bail in the sum of Rs.30,000 with two sureties in the like amount to the satisfaction of A.C. City, Lahore on 11-7-1983. Thereafter he disappeared. Neither he nor his counsel attended the Court. Warrants were issued and it has been reported that his address is not complete. The address given by him is really incomplete as, the house number is not given. His address is "Tehkal Bala, Arabab Road, Peshawar". Since it is not possible to effect his arrest or to trace out his whereabouts, so it has been considered proper to hear the appeal which is already very old with the help of the learned State counsel.
3. Muhammad Saeed complainant (P.W.1) was a Rickshaw driver. He was on his usual duty on 10-7- 1979 when his Rickshaw was hired by the appellant at 7-15 p.m. In Sadar Bazar, Lahore. He was taken to innumerable places in the city and finally at about 10-00 p.m. They reached near Military Dairy Faarm. The Rickshaw was stopped by the appellant and the complainant both urinated.
When the complainant returned end occupied his driver's seat, the appellant placed his pistol on his temple and ordered him to deliver whatever he had with him. They started grappling, the appellant gave him but blows and finally he even fired two shots at the complainant hitting him on the back of the shoulder. When they were still grappling Lt.-Col. Khalid Adeeb (neither cited nor produced) reached the spot if his Jeep alongwith his driver. The appellant was apprehended, police called to the spot where the statement of the complainant (Exh.PA) was recorded.
4. At the close of the trial the appellant pleaded that actually he was to receive back the loan of Rs.250 from the complainant, the complainant took him in the Rickshaw, threw him on the roadside at the spot and started grappling with him and when an Army Officer reached, he raised an alarm and thereupon he was falsely involved in the case. He also asserted that the police kept him under torture and got his confessional statement recorded. No evidence was led in defence.
5. At the trial Mr. Gulzar Muhammad Bhatti, Magistrate (P.W.7) proved the confessional statement of the appellant (Exh.P.F.). The prosecution case as given in the F.I.R. Was stated to by Muhammad Saeed complainant (P.W.1). He is corroborated by Muhammad Saleem, A.S.I. (P.W.2) who reached the spot where he found Lt.-Col. Khalid Adeeb as well. The complainant was injured and he got him medically examined. The case was also investigated by Abdur Rauf, Inspector (P.W.3). He had recovered the identity card and the driving licence of the complainant and got confessional statement of the appellant recorded by the Magistrate. The complainant was medically examined by Dr. Sabir Ali (P.W.6) on 11-7-1979 at 1-55 a.m. He was having 8 blunt weapon injuries and one fire- arm wound of entry 2-1/2 c.m. x 3/4 c.m. On the back of upper most part of the left chest near shoulder ridge communicating with the exit wound 2-1/2 c.m. x 3/4 c.m., 4 c.m. Apart from each other. There was blackening just near the injury. From this evidence the learned Additional Sessions Judge correctly concluded the charge against the appellant. There was no reason why on the dead of night the appellant should have been falsely involved by the complainant who was found injured by the police and even a Military Officer reached when the appellant was apprehended.
6. The appeal against conviction, therefore, fails and is hereby dismissed. The appellant would be traced, taken into custody and sent to jail to serve out the sentence. A.C. City, Lahore is also directed to find out the sureties of the appellant and proceed against them under section 514, Cr.P.C. And forfeit their bonds.