KHAN RIAZ UD DIN AHMAD, J.-Muhammad Ilyas (25) and Aasim Raza (20), the appellants were tried by the learned Judge, Special Court for Speedy Trials'''No. Ll, Lahore, on the charge under section 302/34 P.P.C, for having committed the murders of Khalil Amjad aged 27/28 years and his wife Msf.
Nargis aged 22/23 years.
2. The learned trial court vide its judgment dated 20th of June, 1988, found both the appellants guilty of the said charges, and accordingly, convicted them under section 302/34 P.P.C, and sentenced them to death and a fine of Rs.10,000/- on each count. In default to undergo further R.I.
For 2 years. Besides, Rs. 10,000/- were to be paid as compensation by each of the appellants, to the legal heirs of the deceased under section 544-A Cr.P.C.
3. Aggrieved by the said order, the appellants have moved this court through Criminal Appeal No.696 of 1988, which is being disposed of.
4. The occurrence resulting in the death of the two deceased took place on- 31st of January, 1987 at 8.30 P.M. In the residential quarter of the deceased Khalil Amjad situated in the colony of District Jail, Sheikhupura. Muhammad Ilyas appellant having been involved in a murder case was confined in District Jail Sheikhupura, where Khalil Amjad (deceased) was posted as Dispenser, so both of them developed acquaintance with each other. Khalil Amjad deceased borrowed Rs.2,000/- as loan from Muhammad Ilyas appellant. After his acquittal from the murder case, Muhammad Ilyas appellant demanded back the loan money from Khalil Amjad deceased, who promised to return the same after 15/20 days. The said amount was not returned to Muhammad Ilyas appellant as promised. Muhammad Ilyas appellant lodged a complaint to that effect before Lashkar Ali PW-2 who was Head Clerk in the District Jail, Sheikhupura. Lashkar Ali called Khalil Amjad deceased and told him to return the loan. The deceased promised to return the same after 6/7. Days. On 31.1.1987 at about 8-0 P.M., Khali! Amjad deceased was present with Lashkar Ali PW-2 and Mustafa PW-3, outside the quarter of Lashkar Ali, which was adjacent to the quarter of Khalil Amjad deceased.
Both the appellants Muhammad Ilyas and Aasim Raza came there. Khalil Amjad deceased took both the accused/appellants to his quarter for serving them tea, while Mustafa PW-3 sat in the quarter of the complainant. After about half an hour, on hearing the alarm coming from the house of Khalil Amjad deceased, the complainant and Mustafa P;W. Saw from over the wall of his house that Muhammad Ilyas appellant was giving dagger blows to Khalil Amjad deceased, while Aasim Raza' appellant was standing holding a carbine in his hands, within their sight, said Aasim fired a shot with the carbine on Mst Nargis, hitting on the left of her abdomen; resultantly she fell down.
The complainant and Mustafa P.W. Came out of the quarter and saw the appellants running towards Main Kutchery Road. Both the P.Ws raised an alarm which attracted Azhar Hayat PW-9 Assistant Superintendent of District Jail, Sheikupura. The said three witnesses chased the appellants who were running towards Shibbly Road. Four police officials, namely, Muhammad Ashfaq PW-7, Muhammad Yusuf PW-12, Khairat Hussain and Asghar Ali PW-11 of Police Station City Sheikhupura surrounded the appellants and apprehended both of them along with their weapons.
Muhammad Ashfaq PW-7 recovered pistol P-1 which contained five bullets P-2/1-5 and dagger P-3 from Muhammad Ilyas accused/appellant. During personal search of Aasim Raza, the said-P.W.
Recovered carbine P-4 and four live cartridges P-5/1-4. The carbine contained empty cartridge P-
6. Muhammad Ashfaq F.C. Brought both the accused/appellants to the place of occurrence.
Lashkar Ali complainant and Mustafa P.W. Returned to the spot. Khalil Amjad and Mst Nargis who were lying in injured condition were sent to District Hospital Sheikupura. Khalil Amjad expired before he was given any medical aid in the hospital. Mst. Nargis was medically examined by Dr. Fullam Dastgir PW-15 on the 31.1.87. She was referred to Mayo Hospital Lahore for further treatment where she succumbed to her injuries on 23.2.1987. Lashkar Ali PW-2 reached the Police Station City Sheikhupura and made statement Ex.PB which was recorded by Muhammad Tufail, I/SHO PW:16, on 31.1.1987 at 9.15 P.M. And the investigation was resumed by the said PW. On reaching the hospital, he prepared the injury statement Ex.PS and inquest report Ex.PF of Khalil Amjad deceased and sent the deadbody for post mortem examination under the escort of F.C. Asghar Ali PW-11 and F.G.
Muhammad Yusuf PW-12. He then reached the spot where he and Ashfaq P.W. Produced before him the two appellants who were put under arrest by the Investigating Officer and pistol P-1, alongwith 5 cartridges P2/1-5 and Dagger P-3 were taken into possession by him vide memo Ex.PK. Both these weapons were stated to have been recovered from Muhammad Ilyas appellant. H.G. Ashfaq P.W.
Also produced carbine P-4 along with 4 live cartridges P5/1-4 and an empty cartridge P-6 which were also taken into possession by the I.O. Vide memo Ex.PL. These articles were said to have been recovered from Aasim Raza appellant.. The Investigating Officer (PW I6) inspected the spot and collected the blood stained earth vide memo Ex.PL He also recovered blood stained woolen Chadar P-9 and took the same into possession vide memo Ex.PJ. He took into possession blood stained Saafa P-10 of Ilyas appellant from his person vide memo Ex.PM. Asghar Ali PW-12 produced blood stained vest P-11, blood stained chadar P-12 of Khalil. Amjad deceased which he took into possession vide memo Ex.PN. On 3.2.1987 Azhar Hayat Assistant Superintendent Jail produced blood stained clothes of Mst Nargis, i.e. Shiri P-13 and Chadar P-14 which were taken into possession by him vide memo Ex.PQ. He then got prepared site plan Ex.PA from the draftsman on 9.2.87. He made query Ex.PH addressed to the doctor regarding the capability of Mst Nargis for making statement which Was replied in affirmative vide Ex.PH/1 by stating that she was fit to make a statement. He recorded the statement (Ex.PU) of Mst. Nargis in the presence of the doctor, Mst Nargis in her statement involved Mohammad Ilyas and Aasim Raza both and gave details of occurrence by asstating that Mohammad Ilyas caused injuries to her husband Khalil Amjad with dagger while Aasim Raza injured her by firing pistol shot. Mst Nargis could not survive and succumbed to her injuries on 23.2.87. On receiving the information about the death of Mst Nargis the Investigating Officer reached Mayo Hospital, prepared her inquest report (Ex.PD) and sent her dead body to the mortuary through F.C. Muhammad Yusuf and F.C. Asghar. He also handed over five sealed parcels pertaining to this case to Muhammad Arif PW-13. After completing the investigation, he submitted the challan.
5. On 1.2.1987 at 9.30 A.M., Dr Mubashar Ahmad PW-6 conducted the post mortem examination of Khalil Amjad deceased and found the following injuries on his person:-
(1) An incised wound 4.5 cm x 0.6 cm transverse in direction on the medial part of left clavicular region (upper part of left chest) cutting the skin, subcutaneous tissues, big blood vessels, lower border of clavical and left lung.
(2) An incised wound 3 cm x 1 cm transverse in direction on the right front of chest 3 cm on the right nipple, 4 cm from mid line, cutting the skin, subcutaneous tissues, big blood vessels passes throughout the intercostal space of four and fifth ribs, puncturing the right lung.
(3) An incised wound 4 cm x 2 cm into muscle deep transverse in direction on the front of the left shoulder.
(4) An incised wound 4 cm x 2 cm vertical in direction on the front of left abdomen, 12 cm away from the umbilicus, cutting the skin subcutaneous tissues, blood vessels, muscles, peritoneum and stomach.
(5) An incised wound 4 cm x 2 cm on the left upper abdomen vertical in direction, cutting the skin, tissues, blood vessels peritoneum, small and large intestines.
(6) An incised wound 4 cm x 2 cm into, bone deep vertical in direction on the medial side of left upper arm.
(7) An incised wound 8 cm x 3 cm x bone deep on the medical side of left forearm 2 cm below the cubital fossa.
(8) An incised wound 8 cm x 2 cm x bone deep transverse in direction on the medial side of left forearm 3 cm below the injury No.7.
(9) Incised wound 7 cm x 2 cm x bone deep vertical in direction on the back of mid of left forearm.
(10) Multiple abrasion covering area 11 cm x 6 cm on the left knee cap.
(11) Multiple abrasion covering areas 9 cm x 6 cm on the right knee cap.
(12) Incised wound 4 cm x 0.5 cm into muscle deep vertical in direction on the right scapular region.
(13) Incised wound 4 cm x 1.0 on the back of left chest 5 cm below the left scapular region, cutting the skin tissues big blood vessels, passes through the intercostal space of fifth and sixth ribs posteriority and puncturing the left lung.
(14) Incised wound 4 cm x 0.5 cm into vertebrae deep on the back right chest lower part just close to the spinal line vertical in direction.
(15) Incised wound 4 cm x 1 cm x cavity deep on the back of right abdomen 3 cm from the spinal line transverse in direction cutting the right kidney and liver.
(16) An incised wound 4cm x 2 cm x cavity deep on left lumber region.
(17) Incised wound 2 cm x 1 cm x muscle deep on the back of right abdomen transverse in direction 3 cm from injury No.15.
All the injuries were ante-mortem. All the injuries except No.10 and 11 had been caused by sharp edged weapon. Injuries No.10 and 11 were the result of blunt weapon. The injuries were grievous and dangerous to life. Death was due to severe shock, haemorrhage and cardio-respiratory failure.
Injuries No.1,2, 4, 5,13 and 15 were individually sufficient to cause death in ordinary course of nature.
Time between injuries and death was within half an hour and between death and post-mortem, ten to twenty hours.
6. On 31.1.1987 at 9.0 P.M., Dr Fullam Dastagir PW 15 medically examined Mst Nargis and found the following injuries on her person:-
(1) Multiple penetrating wounds of entrance, seven in number with tattooing each measuring 13 cm x 1 cm x peritoneum cavity in an area of 5 cm x 4 cm on the front of outer side of left abdomen.
(2) An abrasion 2.5 cm x 2.5 cm on the front of left abdomen, upper part . About 3 cm from mid line.
The injured was in condition of shock. Her blood pressure was 70/50 M.M.H.G. Pulse was 110 per minute. The body was cold and clammy. Injury No.1\ was grievous and dangerous to life. Injury No.2 was kept under observation. Both the injuries were caused by fire-arm weapon. Duration of the injuries was fresh.
7. Dr Khalid Yazdani PW 5 conducted post mortem examination on the dead body of Mst. Nargis on 24.2.1987 at 9-0 P.M. And noticed following injuries on her person:-
(1) A dressed wound with stitches present 23 era long on the front and in centre of the abdomen, this operational incision was given in the hospital. , (2) A lacerated wound 1 cm x 1 cm x deep to abdominal cavity in the centre of the abdomen.
(3) A septic wound 6 cm x 4 cm on the lateral side of left abdomen.
He opined that the death was caused due to severe shock arid haemorrhage; injuries were sufficient to cause death in ordinary course of nature: duration between injuries and death was within twenty three days and between death and post mortem within twenty to twenty one hours.
8. To prove its case, the prosecution produced as many as I6 witnesses. Reliance was also placed on the dying declaration (Ex.PU) of Mst Nargis. Lashkar Ali complainant PW-2 reiterated the prosecution version as given above. He explained in the cross examination that on the day of occurrence when the accused came, they did not demand the loan from Khalil Amjad deceased in his presence. Regarding the presence of Mustafa PW-3, he states that he (Mustafa) used to take milk from him and they had to settle the account. For this reason he had come to him. He also stated that police station City falls on the way to Civil Hospital, Sheikhupura but he did not inform anybody from the police station as they were interested to save the life of the injured. He, however, admits that the accused Ilyas was confined in District Jail Sheikhupura in connection with a murder case prior to this occurrence. He denied the suggestion that any amount from the said accused was demanded by him when he was confined in District J'
1. Fullam Mustafa PW-2 corroborated the statement made by Lashkar P.W.2 on all material points and explained that he accompanied Lashkar to his house for taking tea when the accused had gone to the house of Khail! Amjad deceased.
However, stated that the accused had not demanded loan in his presence on the day of occurrence. He stated that he did not see the police recovering the weapons from the appellants since they hurried to take the injured to the hospital. Muhammad Ashfaq appeared as P.W.7 and stated that on 31st of January, 1987 at about 8.30 A.M., he alongwith Asghar and Khairat was on patrol duty at Shibli Road. They heard noise coming from the quarter of the Jail and saw two persons running from the Jail quarters; being followed by other persons, who were raising the alarm. He further stated that they surrounded those persons and apprehended them. They were Aasim Raza and Muhammad Ilyas appellants. This witness took into possession pistol P-1 from the hand of Ilyas -appellant at the time he was caught hold of. The pistol was unloaded; 5 bullets P- 2/1-5 were taken into possession. He also took into possession dagger P-3 from the possession of Ilyas accused. On personal search, he got recovered a carbine P-4 from Aasim Raza appellant. The same was unloaded and an empty cartridge was recovered therefrom. The appellants were brought to the place of occurrence. Khalil Amjad and floor, who were then taken to the hospital.
Khalil Amjad died before he could be given medical aid. While Mst. Nargis was medically examined and was subsequently referred to the Mayo Hospital, Lahore keeping in view the serious nature of the injuries. He also explained that the gathering was so thick that he could not say that any member from the public was present in the gathering or not. He also denied the suggestion that he tortured Ilyas appellant while he was in jail in connection with other murder case and that he misbehaved. PW.10 is Sagheer Ahmad, who stated to have attested recovery memo Ex. P.I pertaining to blood stained earth from the court-yard of the house of the deceased, recovery memo Ex.PJ in respect of Chadar P.9. He also attested recovery memo Ex.PK and PL pertaining to recovery of dagger P.3, pistol P.I, five live cartridges P.2/1-5, and carbine P.4 with four live cartridges P.5/1-4 and an empty cartridge P.6, which were produced by H.C. Ashfaq PW.7 before Investigating Officer Muhammad Tufail P.W.16 in his presence. He also attested the recovery memo Ex.PM pertaining to Saafa of Ilyas appellant. Asghar Ali PW. Ll was also a member of the police party. He was on patrol duty at Shibli Chowk alongwith other P.Ws when they heard noise and saw the appellants running from the jail quarters. He also joined in that pursuit and apprehended the accused. They took Khalil Amjad and his wife Mst. Nargis who were in injured condition to the hospital. He produced before the SHO vest P-11 and Banyan P-12 belonging to Khalil Amjad deceased. P.W. 12 is F.C. Muhammad Yusuf, who also corroborated the prosecution version with regard to the apprehension of the appellants by the P.Ws and recovery of incriminating weapons from them. He also produced the last worn clothes of Mst Nargis deceased before the investigating officer. Muhammad Aslam PW 14 also attested the recovery memo Ex.PN in respect of blood stained vest P-11 and Chadar P-12 of Khalil Amjad deceased, recovery memo Ex.PO regarding blood stained shirt P-13 and blood-stained Shalwar P-14 belonging to Mst Nargis deceased.
10. Learned Assistant Advocate General tendered in evidence reports of Chemical Examiner, as., Ex.Py, PZ and PAA and the reports of Serologist as Expiable, PCC and PDD and closed the prosecution evidence.
11. When examined under section 342 Cr.P.C, both the appellants denied the allegations against them. In reply to question No.13, Ilyas stated as under:- "Prior to the registration of this case, I remained in S/Pura Jail. I know Khalil Amjad, deceased. He was Dispenser in Jail Dispensary. Khalil Amjad deceased made a request to me that I should lend him Rs 2,000/-. I asked my father to deliver Rs 2,000/- to Khalil Amjad who delivered the said amount to Khalil Amjad in my presence in jail Dowree. I was acquitted in the case after one month and released from the jail. When I was released from the jail I told Khalil Amjad to return my amount. He replied that he had no money for the present. He promised to return the amount after 15/20 days. 1 came to jail gate after fifteen days. Khalil Amjad deceased met me there. I asked for my money. He replied that he was unable to manage it. He again promised to return the money after 15/20 days. I again came to S/Pura to get back my money. Asim Raza, co-accused met me in the bazar, who is resident of Shahkot, and knew me. I asked him where he was going. He replied that he was returning to Shahkot. I told him that I have to get some money and l will also return to Shahkot. Asim Raza and I both went in Tonga. We got down from the Tonga near a hotel in front of jail premises and of the home address of Khalil Amjad who met us near his house. He took us to his Baithak. A television programme was on. We saw the television for short while. I then asked for my money. He started pondering and then replied that he was unable to arrange it. I told him that I would make a complaint to the jail authorities. He then started thinking over it for five minutes. He replied that he would return the amount if I was bent upon to recover it. The door of the Baithak was towards the courtyard. He returned after fifteen minutes. He was wearing Bukal. He entered the Baithak and rested against the door and chained it from inside. He removed the Bukal. He was holding a carbin in his hand. He said that since I was to make complaint to the jail authorities he would destroy our dead bodies. Asim Raza caught hold of his hand in which he was holding carbin.
Asim Raza told me that we should save our lives. I unchained the door as I wanted to go. Out. I found the door chained from outside. I wanted to pass through the- door against which he was resting but Khalil Amjad gave me a kick and I got back. When he gave the kick, the dagger fell down from his dub. Asim Raza told me that Khalil Amjad was trying to get his hand released from him and in case he succeeded in it, he would murder both of us. I picked up the dagger and with that dagger I inflicted injuries to Khalil Amjad. I unchained the door. I pushed the door and opened it. I entered the courtyard. It was dark. Asim Raza and Khalil Amjad came into the courtyard grappling with each other. During the struggle, the carbin went off. The deceased was still holding the carbin. A lady was present in the courtyard. The shot hit the lady. The deceased fell down in the courtyard. Leaving dagger in the courtyard and the carbin with Khalil Amjad, deceased, I and Asim Raza ran outside the courtyard. We went to PS City and informed the police about the occurrence. They made us sit at the PS and handcuffed us. Jail officers including Superintendent Jail came there and on account of their influence, we have been falsely involved".
He, however, did not opt to appear and make a statement under section 340(2) of the Cr.P.C, in disproof of allegations and charges levelled against him. He also did not produce any witness in defence. In reply to question No.10, Aslam Raza, accused/appellant stated as under:- ' "Khalil Amjad has caused injuries while acting in self-defence while the shot hit accidently Mst.
Nargis when it went off from the hand of Khalil Amjad".
He also did not opt to appear and make a statement under section 340(2) of the Cr.P.C, in disproof of allegations and charges against him. No witness in defence was also produced by him.
12. On the basis of the above said evidence, the learned trial Court has convicted and sentenced the appellants as indicated above.
13. We have heard the learned counsel for the appellants as well the learned counsel for the State and have perused the record with their assistance. Learned counsel for the appellants contended that the motive set up by the prosecution seems to be weak and flimsy and is not of that serious nature as would compel the appellants to commit the murder of the two deceased. He laid emphasis on the point that the appellants if inimical would not have brought sweet meat for the deceased and the deceased also in response would not have taken them to his house for serving them with tea. He submitted that something else might have happened at the spur of moment which infuriated appellants to commit such a crime. According to him that something was shrouded in mystery as the statements of the alleged eye witnesses are silent as to what had happened immediately before the occurrence. According to him the motive has not been satisfactorily proved by the prosecution, rather the same stands belied by the acts of presentation of the sweet by the appellant and serving the tea by the deceased. The learned counsel for the appellants then referred us to the statements of the eye witnesses and submitted that they cannot be relied upon without being corroborated by any independent evidence. According to him the two eye witnesses namely Lashkar Ali & Ghulam Mustafa being the colleagues of the deceased as employee of the jail were interested witnesses and their statements be read with caution. He further submitted that the alleged-recoveries of-the weapons of offence may also not be relied upon and may not be treated as a corroboration of the ocular testimony because the -evidence in that respect has come from the mouth of police officials who were also interested in the success of the prosecution, therefore, in the circumstances of the case, they cannot be treated as an independent witnesses. According to him, one piece of tainted evidence will not corroborate the other piece of the same nature. He has also then challenged the veracity of the dying declaration allegedly made by Nargis deceased^ which was recorded after 9 days of the receipt of injuries and 14 days before Her death. He submitted that she was not under the apprehension of death, so the said statement would be treated as statement under section 161 Cr.P.C, and no sanctity be attached with it as dying declaration. Besides, the said statement was recorded in the presence of the relatives of the deceased who must have prompted the deceased to toe the line of the prosecution. He also asserted that the said statement though it was allegedly recorded in the presence of the medical officer but the absence of the signatures of the said medical officer on the said statement proves it otherwise. The learned counsel have lastly argued with vehemence that;it is a case of cross-version which may be placed in juxta position with the prosecution version and the version favourable to the accused be accepted.
14. On the other hand learned counsel for the State has supported the judgment of the trial Court and has submitted that the prosecution has proved its case beyond reasonable doubts against the appellants. He submits that the motive part of the prosecution version stands proved by Lashkar Ali PW2 who has specifically stated that a week before the present occurrence Muhammad Ilyas and Asam Raza appellants came to him and lodged protest that Khalil Amjad deceased was not returning the loan of Rs.2000/- to Muhammad Ilyas. He further stated that he called Khalil Amjad deceased who promised to return the loan after six/seven days. According to him Lashkar Ali PW had no ill-will against the appellants, moreover the fact of lending money to the deceased- also stands admitted by Muhammad Ilyas appellant as such the motive stands proved,. Learned counsel for the State further submitted that the prosecution has produced reliable ocular evidence consisting of Lashkar Ali PW-2 and Ghulam Mustafa PW-3 who are independent witnesses having no enmity with the appellants so they could not be dubbed as interested witnesses. The two witnesses have given the consistent and straight forward version of the prosecution which was not shaken, during the cross-examination by the counsel of the appellants. He further submitted that the arrest of the appellant immediately after, the occurrence in a hot pursuit by the PWs and the recoveries of the weapons of offence, has further strengthened the version of the prosecution by lending material corroboration to the testimony of the eye witnesses. Relying on the dying declaration made by Nargis deceased he submits that it was recorded in the presence of the medical officer who has earlier in response to the inquiry made by the investigating officer vide Exh.PH had opined that injured lady was fit to make a statement. It was only thereafter that the said statement was recorded. Concluding his submissions, he prays for the dismissal of the appeal.
15. We have given our anxious consideration to the contentions of the parties and have independently assessed the evidence produced. The occurrence in this case stands admitted by the appellants- The motive part of the prosecution story, time of occurrence and the place of occurrence also stand admitted. In such a situation we are to place the two versions in a juxta- position and evaluate the evidence keeping in view the principle that out of the two versions which one is nearer the truth and is reasonably probable. To start with, we take up the case of the prosecution as it is the duty of the prosecution to stand oh its own legs and prove the case against the appellants beyond any reasonable doubt. The ocular evidence led by the prosecution consisting of Lashkar Ali and Ghulam Mustafa PWs inspire confidence as they are independent witnesses and have got no axe to grind by making a false statement against the appellant with whom no serious enmity has been alleged by the defence. The statements of these two witnesses get full corroboration from the PWs namely HC Muhammad Ashfaq, Muhammad Yousaf, Khairat and Asghar Ali, police officials who, after hearing the alarm were attracted at the spot and saw the appellants running towards main Katuchery Road. They gave hot pursuit to the appellants, having been joined by Sheikh Azhar ^Hayat PW and successfully apprehended the two appellants. H.C.
Muhammad Ashfaq took into possession weapons of offence from the appellants. Pistol Exh.P.I containing 5 bullets P.3/1-5 and dagger P.3 was recovered from the possession of Muhammad Ilyas appellant while carbine Exh.PA containing empty cartridges and four live cartridges were recovered from Asim Raza appellant. It would not be out of place to mention here that the weapons of offence were duly despatched to the office of the Chemical Examiner and that of direct Forensic Science Laboratory from where the positive reports were received. The above mentioned two sets of evidence get more support and corroboration from the dying declaration made by Nargis deceased in which she had specifically implicated the two appellants by ascribing active role of giving dagger blows to Khalil Amjad by Muhammad Ilyas appellant and firing pistol shot by Asim Raza on her. The dying declaration was duly recorded after getting certificate regarding the fitness of the deceased lady to make her statement, which was recorded in the presence of medical officer so we find no reason in the circumstances of the case to doubt the capability of the deceased to speak and make the above statement. As against this, the defence version seems to be devoid of truth and is not reasonably probable. The statement made by Muhammad Ilyas appellant under section 342 Cr.P.C, if considered in a broad perspective lead us to the point that a futile effort has been made by the appellants to save their skin by pleading the exception. The relevant portion if reproduced will help us to determine the nature of the pleas raised by the appellant. It is said by the appellant in his statement that on his demand of the loan the deceased pondered over the matter for few minutes and replied that he would return the amount if the appellant was bent upon to recover it, the deceased then went out of the Baithak towards court- yard and returned wearing bukkal after 15 minutes. The deceased was holding a carbine in his hand under the bukkal and threatened the appellants that he would destroy their dead bodies. On this Asim Raza appellant caught hold of his hand holding carbine. During the tussel dagger fell down from the dub of the deceased which was picked up by Muhammad Ilyas appellant who gave injuries to Khalil Amjad. It was during this course that they went in the court-yard of the deceased grappling with each other that the carbine went off, hitting the lady deceased. Asim Raza appellant also adopted the said version. The version of the two appellants was not supported by either in the form of appearing under section 340 Sub-section (2) Cr.P.C, and making a statement in disproof of their charges against them or by producing any defence witness. Hence it is left alone in the field.
After consideration of the above two versions of the prosecution as well as that of the defence, we are of the view that the prosecution has proved its case against the appellants beyond reasonable doubt and the learned trial Judge was legally justified in holding the appellants guilty of the offence on the basis of the evidence brought on record by the prosecution. We therefore, find no substance in this appeal which is accordingly dismissed.
The death sentence awarded to the appellants is confirmed.