MIAN ABDUL KHALIQ, J- Appellants Rashid Ahamd, Bashir Ahmad and Muhammad Sadiq sons of Abdul Rehman alongwith the acquitted co-accused Rashid Ahmad, Ranjhoo sons of Kammun and Dodha alias Siraj son of Jamal were tried for the murders of Ibrahim and Khadim Hussain by the learned Additional Sessions Judge, Bahawalpur, who convicted and sentenced the appellants vide his judgment dated, 17.9.1991 as follows:-
1. Rashid Ahmad s/o Abdul Rehman u/s 302/34 P.P.C the murders of Khadim Hussain and Ibrahim.
2. Bashir Ahmad and
3. Muhammad Sadiq u/s 302/34 P.P.C, for causing death of Khadim Hussain and Ibrahim.
Death of each count with fine of Rs.20,000/ on each count, in default whereof to suffer R.I. For 4 years on each count.
Life imprisonment each on each count with a fine of Rs.15,000/-each on each count, in default whereof to undergo 3 years R.L each on each count. Their sentences were ordered to run concurrently.
The fine if realized, fifty percent thereof was ordered to be paid as compensation to the legal heirs of the deceased. The appellants assail the impugned judgment against their conviction and sentence. The connected Murder Reference No. 35/1991/BWP along Criminal Appeal No. 26/1991/BWP and Criminal Revision No.29/1992/BWP, both preferred by the State and criminal Revision No.19/1993.BWP recently filed by the complainant shall also be disposed of by this judgment.
2. Briefly the prosecution case is that P.W.2 Muhammad Siddique on 23.10.1990 in Hospital Ahmadpur East made his statement Exh.PA before P.W8 Muhammad Ramzan S.I to the effect that he was resident of Basti Chah Kandaywala Dakhli village Daimv-fn and about 15/16 days earlier, the appellant Rashid Ahmad had a quarrel with Ismail, paternal uncle of the complainant during talks, and the appellant had slapped his paternal uncle. The complainant had given 2/3 slaps on the face of Rashid Ahmad, appellant, while the inhabitants of the village patched up the matter. Rashid Ahmad appellant exclaimed that he would take revenge. On the day of occurrence i.e. On 23.10.1990 at Maghrabwela when the complainant went out of his house to the tubewell of Bashir Ahmad Moharir at a distance of 4 acres for taking bath and after taking bath was coming back to his house and when was at a distance of about one acre from his house, Ranjhoo, Rashid Ahmad (acquitted accused) armed with hatchets, Muhammad Sadiq, Rashid Ahmad sons of Abdul Rehman armed with Soties Bansi, Dodha (acquitted co-accused) armed with Dang Saamwali and Bashir Ahmad appellant armed with revolver emerged from the cotton crop of Rasool Bakhsh Bhutta. Ranjhoo (acquitted co-accused) caught hold of the complainant and felled him on the ground, while Rashid Ahmad son of Kammun (acquitted co-accused) with hatchet, Rashid Ahmad, Muhammad; Sadiq appellants and Dodha (acquitted co- accused with soties started injuring him.
Bashir Ahmad appellant continued study pointing the revolver. The complainant raised hue and cry, on which the complainant's deceased father Ibrahim and deceased brother Khadim Hussain reached for rescuing him. Bashir Ahmad appellant while pointing revolver towards them warned them that if they would come near, they would not be spared, but Ibrahim and Khadim Hussain deceased without caring for their lives stepped forward to rescue the complainant, on whom Ranjhoo and Rashid Ahmad son of Kammun (acquitted co-accused) inflicted two and one hatchet blows respectively on the head of Ibrahim deceased. Both of them also inflicted blows with soti Bansi Saamwali on the head of his brother Khadim Hussain deceased. Then Rashid Ahmad appellant caused blow on Khadim Hussain deceased which landed him on the head near the right ear . The third blow was given by Sadiq appellant on the fallen Khadim Hussain which hit on the inner side of the left thigh. Meanwhile on hearing the hue and cry P.W.4 Muhammad Murad^P.W.3 Muhammad Shaft, residents of the village reached, who while witnessing the occurrence save the complainant and his deceased father and brother and if P.Ws would not have come, the accused would have killed them. The acquitted co-accused alongwith the appellants after making mutual consultation for killing the complainant, his father and brother had made murderous assaultJP. W Muhammad Shaft and P.W.4 Muhammad Murad on a tractor-trolley took the complainant (P.W.2), his deceased brother Khadim Hussain and deceased father Muhammad Ibrahim in critical condition to the hospital. The deceased persons were unconscious.
3. P.W.8 Muhammad Rahman S.I. After recording statement Exh.PA of P.W. 2 Muhammad Siddique complainant in the hospital sent the same to the Police Station through Khadim Hussain where P.W.1 Muhammad Shaft H.C. Received the same and on its basis correctly recorded the F.I.R.Exh.
PA/1. P.W.8 after recording statement Exh.PA in the hospital prepared injury statements of Khadim Hussain, Ibrahim and Muhammad Siddique Exhs. PH, PI and PJ respectively, recorded the statement of P.Ws, made application Exh.PK and PI, to the doctor whether injured Ibrahim and Khadim Hussain were fit to make statements and the Doctor had opined vide Exhs.PK/1 and PL/1 that the injured were not fit to make statements. P.W. 8 searched for the accused and on the next day Khadim Hussain injured died in the hospital. P.W. 8 prepared inquest report Exh.PM and sent the dead body of Khadim Hussain for autopsy. On the same day he came to know that Ibrahim injured had also died in the B.V. Hospital, Bahawalpur and his dead body had reached "Hospital Ahmadpur East, where he prepared inquest report Exh.PN and despatched the dead body for autopsy. P.W.5 Muhammad Ismail, brother of Ibrahim deceased and paternal uncle of Khadim Hussain deceased stated that he was not available for inspection of place of occurrence. P.W.8 deputed a constable to safeguard the place of occurrence on 24.10.1990 and on 25.10.1990 he reached the locale and secured bloodstained earth from the place where Ibrahim deceased in injured condition fell down vide memo Exh.P.B, and bloodstained earth from the place where Khadim Hussain deceased in injured condition fell down vide memo Exh.PC, and made it into two separate sealed parcels in presence of the P.Ws PW.8 recorded the statements of P.Ws, deposited the sealed parcels of bloodstained earth with the Moharrir. On 6.11.1990 P.W.8 arrested Ranjhoo, Rashid Ahmad Dodha (acquitted co-accused) and appellant Rashid Ahmad and prepared injury statement of Rashid Ahmad appellant Exh.PR and got him medically examined from the Doctor. Thereafter investigation was taken over by P.W.11 Mian Irfanullah Inspector/SHO. P.W.11 Main Irfanullah SHO recorded the statements under section 161 Cr.P.C, and completed the investigation. He had not arrested Bashir Ahmad and Sadiq appellants as they were found innocent by him during investigation. The appellants alongwith the acquitted co-accused were challaned and sent up for trial. Charges under sections, 302/149, 324/149/and 148/P.P.C. Were framed against them, to which they denied and claimed trial.
4. The prosecution examined 13.P.Ws in all to substantiate its case. The prosecution case rests upon motive, ocular evidence, medical testimony and recoveries which shall be discussed one by one \is-a-vis the defence version to arrive at a just and definite conclusion.
5. The prosecution produced PW2 Muhammad Siddique complainant and P.W5 Muhammad Ismail to prove the motive.P.W.2 while appearing in the trial Court stated that 15/20 days before the occurrence Rashid Ahmad appellant gave slaps to his uncle .P.W.5 Muhammad Ismail, who told him about it and 4/5 days after that occurrence P.W.2 gave slaps to appellant Rashid Ahmad _________ when he was watering his field. P.W.5 Muhammad Ismail had not stated anything about the motive in his statement Exh.DC recorded on 24.10.1990 under section 161 Cr.P.C. He stated motive part of his statement for the first time in the trial Court i.e. 10/15 days before the murder of deceased persons he demanded money from appellant Rashid Ahmad, which was due from him who ------ him and gave him slaps. P.W.5 told this fact to P.W.2 who in retaliation gave 2/3 slaps to Rashid Ahmad appellant. P.W.2 while making statement before the trial court had stated that it was told to him by his uncle P.W.5 and had tried to stretch the motive occurrence near to the eventful day. None from the. Villagers who allegedly had gathered at the time of slapping Ismail (P.W.5) and by P.W.2 to appellant Rashid Ahmad had been produced. The prosecution has not alleged any motive against the other appellants and the acquitted co-accused. No independent person had been produced by the prosecution to corroborate P.W2 on the point of motive. The motive set up by the prosecution for the murder of deceased persons has not been proved on record. P.W.4 Muhammad Murad had stated a different motive that the parties had already a dispute over some money and appellant Rashid Ahmad had to pay Rs.l00/-to P.W.5 Muhammad Ismail, appellant Rashid Ahmad gave slaps to P.W.5 and when P.W.2 Muhammad Siddique come to know about it, he had also given slaps to appellant Rashid Ahmad after 4/5 days.
6. The ocular testimony has been produced on record by the prosecution in the shape of statements of P.W.2 Muhammad Siddique, P.W.3 Muhammad Shaft and P.W.4 Muhammad Murad, P.W.2. Muhammad Siddique narrated the facts mentioned by him in his statement Exh.PA on the basis of which F.I.R. Exh.PA/1 was recorded. P.W.3 Muhammad Shaft stated that it was sunset when he was present alongwith P.W.4 Muhammad Murad in his cotton crop at a distance of one killa from pacca road towards west side. P.W.3 and 4 heard hue and cry and ran towards that side and witnessed the accused persons Rashid Ahmad and Ranjhoo (acquitted co-accused) armed with hatchet, Bashir Ahmad appellant armed with revolver, Rashid Ahmad, Muhammad Sadiq appellants and Doha (acquitted co-accused ) armed with soties. Ranjhoo (acquitted co-accused) gave two hatchets blows to Muhammad Ibrahim deceased Rashid Ahmad (acquitted co- accused) inflicted one hatchet blow to Muhammad Ibrahim deceased, Dodha alias Siraj Ahmad (acquitted co-accused) gave a blow on the head of Khadim Hussain deceased, Rashid Ahmad appellant gave blow to Khadim Hussain deceased on his temple and Sadiq appellant inflicted a dang blow on the thigh of Khadim Hussain deceased when he fell down. Bashir Ahmad appellant remained present with revolver who did not permit the P.Ws to come near. Muhammad Siddique complainant (P.W.2) was also there who was also injured. The injured were unconscious. P. Ws3 and 4 picked them and took them to the Hospital at Ahmadpur East in a tractor trolley. P.W.4 Muhammad Murad stated that at Maghribwela he along with P.W.3 Muhammad Shaft was standing in a cotton crop field at a distance of one killa from metalled road, head the noise. He alongwith P.W.3 ran towards Ranjhoo (acquitted co-accused) armed with hatchets, Rashid Ahmad appellant, Dodha (acquitted co-accused ) and Sadiq appellant armed with soties and Bashir Ahmad appellant armed with revolver. The appellants alongwith the acquitted co-accused were fighting with deceased Muhammad Ibrahim, deceased Khadim Hussain and P.W. 2 Muhammad Siddique. P.W.4 alongwith P.W. 3 Muhammad Shaft tried to intervene and rescue them, but Bashir Ahmad appellant threatened them that if any one would come near, he would be murdered., Ranjhoo (acquitted co-accused) gave two hatchet blows to Muhammad Ibrahim deceased, Rashid Ahmad (acquitted co-accused) extended one hatchet blow to Muhammad Ibrahim, Rashid Ahmad appellant gave soti blow on the head of Khadim Hussain deceased, Dodha (acquitted co- accused) inflicted blow on the head of Khadim Hussain deceased and Sadiq appellant gave blow on the thigh of Khadim Hussain deceased. P.W2 complainant Muhammad Siddique also received injuries. Khadim Hussain and Muhammad Ibrahim were unconscious. P.W.2 Muhammad Siddique received less injuries and he was conscious. P.W. 4 brought tractor-trolley and took the injured to the hospital at Ahmadpur East. P.W3 and P.W.4 were residing at a distance of three squares from the place of occurrence. No evidence has been led that they had cotton crop field near the place or occurrence. They made dishonest improvements in their statements trial Court. In their statements Exhs.DA and DB it is stated that the accused persons were causing injuries to Khadim Hussain and Ibrahim with soties and hatchets, but while making statements in the trial Court they attributed one hatchet blow to Rashid Ahmad (acquitted co-accused) and two hatchet blows by Ranjhoo (acquitted co-accused) to Ibrahim deceased and one blow of soti each by Dodha (acquitted co-accused), Rashid Ahmad appellant and Muhammad Sidiq to Khadim Hussain deceased. P.W. 2 is an injured witness. It is not always correct that he gave slaps to Rashid Ahmad appellant who threatened him to take revenge. The appellants and the acquitted co-accused had ambushed themselves on the fateful day of murder, but no injury with hatchet or dang had been caused to him, especially in the circumstances when he was all alone and they had also fallen him down. The appellants and the acquitted co-accused had sufficient time to murder him. There is no sharp edged weapon injury on his person which shows that none of the accused was armed with hatchets. P. Ws.3 and 4 had stated before the trial Court that it was Maghribwela and seen had not yet set, they were present at distance of one killa towards the west side, they heard hue and cry and ran towards that side, and witnessed that Ranjhoo (acquitted co-accused) gave two hatched blows deceased Muhammad Ibrahim, Rashid Ahmad (acquitted co-accused) gave one blow with hatchet to Ibrahim, Rahsid Ahmad appellant, Dodha (acquitted co-accused) and appellant Muhammad Sadiq gave one blow with soties each to Khadim Hussain, while appellant Bashir Ahmad armed with revolver there attend them not to come near. P. Ws.2, 3 and 4 took the injured to the Hospital in a tractor-trolley. They claimed to be present in the cotton crop field from morning till the occurrence. They were cultivators by profession and during cross-examination when they were asked to tell the square and killa numbers of their land in which they were standing, they could not tell the killa number or square number. P.W.3 Muhammad Shaft stated that he had 4 acres of land there. Similar is the case of P.W.4 Muhammad Murad. They were owners of small holdings. It was suggested by the defence to them that they were not owners of land near the place of occurrence, and being owners of small holdings at least they must have known their square number of their land. Both the witnesses have not even stated the square numbers of their lands. The inference can safely be drawn that they had no land near the spot. It can not be believed that they did not remember the square numbers whereas P.W.4 had specifically stated date (25.10.1990) when bloodstained earth was secured on his examination -in-chief. His statement was recorded 110 months after the occurrence. If he could remember the date securing the blood stained earth, why he could not state the square number of the land? P.Ws 3 and 4 have made dishonest improvements in the statements Exhs.DA and DB. They stated that they were at a distance of 4 acres, but before the trial Court they gave distance as one acre and had shortened the distance from the spot given by them before the police. In Exhs. DA and DB they stated that they intervened and rescued the injured from the accused persons, whereas at the trial they stated that they did not intervene and did not try to rescue the injured, In Exhs.DA and DB they stated that all the accused injured P.W. 2 Muhammad Siddique, Muhammad Ibrahim and Khadim Hussain deceased persons with soties and hatchets, but at the trial they changed the versions and stated that Rashid Ahmad and Ranjhoo sons of Kamraum (acquitted co-accused) gave hatchet blows to Muhammad Ibrahim deceased, and Rashid Ahmad and Muhammad Sadiq sons of Abdul Rehman appellants and Dodha (acquitted co-accused) inflicted Dang blows to Khadim Hussain deceased.
They tried to be more precise in order to show that they had witnessed the occurrence. They had made dishonest and material improvements. There was no sharp edged weapon injury on the person of Khadim Hussain deceased and with blunt weapon on Muhammad Ibrahim. They had not stated that they had seen the accused coming out of the cotton field of Ghulam Rasool. There is another attendant circumstance that there would be traffic on pacca road as the next date i.e. 24.10.1990 was the date for the polling for National Assembly. The polling staff, contesting candidates and their supporters certainly would have been occupied in the setting of the pooling stations on the evening of 23.10.1990. The supporters of the candidates must have been moving for requesting the people to come to the polls and to cast votes. No other P.W. Was attracted to the spot. It was vehemently argued that P.Ws 3 and 4 had no motive or malice to depose against the accused, but that can help the prosecution for reasons that if there was no motives for false implication, Similarly the---------- accused had also no motive to murder the deceased persons.
PW.2 is an injured witness, but it is not necessary that an injured P.W. Always speaks truth. However, his presence is proved. The PWs have attributed direct motive against appellant Rashid Ahmad and according to PW.2, the accused persons had come to murder P.W. 2 Muhammad Siddique and two of the accused were already armed with hatchets. The accused persons had fallen him down.
No injury was caused to him with sharp edged weapon especially when the common object of the accused persons was to murder him i.e. P.Ws and the deceased persons were at a distance of 4 acres and he could easily be done to death before the arrival of the deceased persons and the witnesses. There is no evidence on record that how the accused came to know that PW.2 was going for taking bath and had reached there and ambushed themselves. There is no evidence of premeditation and common object of the accused persons. The statements made by P.W.2 and P.W.4 do not inspire confidence.
7. P.W.10 Dr. Sohail Ahmad, on 23.10.1990 at 9.45 p.m medically examined the deceased Khadim Hussain when he was alive and found the following injuries: -
1. A lacerated wound 2 inch x inch on right parietal bone of scalp, under line bone noted and surrounding muscles are crushed. Patient unconscious. B/P 100/80 mm HG. Pulse 120 per minute.
Pupils semi dilated reacting light sluggishly. Advised X-ray skull.
2. A swelling 3 inch x 2 inch on right temporal region of scalp above right ear. Advised X-ray skull.
3. A lacerated wound 3 inch x 1 inch muscle deep on medial aspect of left thigh. Injuries Nos.2 and 1 were kept under observation. Injury No. 3 was declared simple.
Vide X-ray report there was seen fracture of vault of skill. Injuries Nos. 1 and 2 were declared grievous and injury No. 1 was dangerous to life. All the above mentioned injuries were inflicted by blunt weapon and fresh in nature. Exh.PT is the copy of M.L.R.
On the same day P.W.10 examined Muhammad Ibrahim deceased in injured condition and found following injuries on his person:-
1. An incised wound 3/4 inch x inch x bone deep on right temporal region direction antero posterior 2 inches above right ear. Advised X- ray skull.
2. An incised wound 4 inch x inch x bone deep on right front parietal region of scalp antero posteriorly. Advised X-ray skull.
3. An incised wound 3/4 inch x inch x bone deep on occipital region of scalp. Advised X-ray skull.
Patient was unconscious and restless. Left eye blackened pupils semi dilated reaching light sluggishly. BP 90/60 mm Hg. Pulse 110 per minute. Injuries were kept under observation.
Vide X-ray report No.1780-81 dated 23.10.1990 there was seen fracture of vault of skull in the interior region in the skagram. Injuries Nos. 1 and 3 were kept under observation and Injury No.2 was declared grievous and dangerous to life. All injuries were inflicted by sharp edged weapon and fresh in nature. Patient was referred to B.V. Hospital, Bahawalpur. Exh.PU is the carbon copy of the M.L.R.
On the very day the same Doctor P.W.10 medically examined Muhammad Siddique (P.W.2) and found the following injuries on his person:-
1. A contusion 3 inch x 1 inch on right scapular region.
2. A contusion 4 inch x 1 inch on left scapular region.
3. A contusion 2 inch x 1 inch on right buttock.
4. Complaints of pain in left arm.
5. An abrasion 1 inch long on left leg, interior aspect in middle.
6. An abrasion V2 inch X 1/4 inch on right knee joint.
7. A contusion 1 inch x 1 inch on right leg posterior aspect.
8. Contusion 12 inch x 1/4 inch on right side of nose.
All injuries were inflicted by blunt object, fresh and simple in nature. Exh. PS is the correct carbon copy of the M.L.R.
On 24.10.1990 at 9.00 a.m. P.W.10 conducted post mortem examination on the dead body of Khadim Hussain deceased and observed the following injuries:-
1. A lacerated wound 2 x 1/4 inch antero posterior on right parietal region of scalp.
2. A swelling 3x2 inch on right temporal region of scalp above right ear.
3. Lacerated wound 3x1/4 inch muscle deep on medial aspect of left thigh.
All the injuries were ante mortem in nature. Muscles of scalp and skull were crushed. Hamatoma underneath the scalp at the sides injuries Nos. 1 and 2 was present. Right parietal bone of scalp was fractured horizontally. Brain matter leeking out of the fracture line vertebrae, and spinal cord was normal. In the opinion of the Doctor the cause of death was head injury due to injury No.1 leading to brain damage, shock caused by blunt weapon, the injuries were ante mortem and were sufficient to cause death in the ordinary course of life. Probable time that elapsed between injuries and death was about I6 hours and between death and post mortem was about 8 hours. Exh.PV is the copy of P.M.R.
On the same copy at 1.00 a.m. P.W.10 also conducted autopsy on the dead body of Muhammad Ibrahim and observed the following injuries on person:-
1. An incised wound 3/4 x 1/4 inch x bone deep on right temporal region direction antero posterior 2 inches above right ear.
2. An incised wound 4 inch x 1/4 inch x bone deep on right front parietal region of sclap sntero posteriorly.
3. An incised wound 3/4 inch x 1/4 inch bone deep on occipital region of scalp.
4. Left eye blackened (contused).
All the injuries were ante mortem in nature. Skin and subcutaneous tissue and muscles or scalp and skull were cut at the side of injuries Nos. 1,2 and 3. Depressed fracture of front parietal bone at the sited of injury No.2 was present. Blood was collected at the site of Injury No.4 Brain matter leaked at the site of fracture during post mortem examination. In the opinion of the Doctor the death was caused due to injuries Nos. 1,2 and 3 (Head injuries) due to sharp edged weapon leading to brain damage, shock death. These injuries were sufficient to cause death in the ordinary course of life. Probable time that elapsed between injuries and death was 18 hours and between death and post mortem was 2 hours. Exh.PW is correct carbon copy of the M.L.R.
C.W.1 Dr. Muhammad Iqbal Shaheen on 6.11.1990 at 5.30 p.m. Examined Rashid Ahmad appellant and found the following injuries on his person:-
1. A lacerated wound 3 cm x 1 cm deep into bone on left parietal occipital junction about 9 cm from the left nastoil region of scalp. Advised X-ray of scalp.
2. A lacerated wound of 4.5 cm x 1 cm' adjacent and medical side of the first injury. This wound was also bone deep. Advised X-ray.
3. There is complain of pain on lateral side of left thigh.
4. There were old abrasions on medil side of left thigh.
5. There were multiple bruises and abrasions of yellowish colour on right thigh.
6. There were multiple yellowish bruises on both scapular region of back.
7. There were multiple bruises on lower side of scapular region.
In injuries Nos. 1 and 2 there was no bleeding from the wounds. According to X- ray report No. 1794- 95 dated 6.11.1990 there was no fracture so all injuries declared as simple. The weapon used for all the injuries was blunt. Duration of injuries was about 14 days. Exh. CW. 1 is the M.L.C. On cross- examination of D.D.A for the State, C.W.1 stated that the injuries on the person of the injured could not be self inflicted, and had given duration of injuries as 14 days before injured was brought before him before the date of examination and at that time injury statement of the injured was not with the police. Therefore, he did not examine the injured. The injury statement was p educed before him on the day of examination and thereafter C.W.1 examined the injured. C.W.1 refuted the suggestion that as he had not given reason that the injuries could either be caused by friendly hand or self inflicted as he wanted to help the accused persons. On the cross-examination of the defence, C.W. 1 stated that Rashid appellant was brought before him for examination on 23.10.1990 and he remembered that three other injured were brought on the same night of the same village, who were attended by Dr. Sohail (P.W.10) and when Rashid Ahmad appellant was brought to him on 23.10.1990. His clothes were stained with blood and some of the injuies were bleeding.
8. The appellants alongwith the acquitted co-accused were arrested on 6.11.1990. Recoveries were effected after 23 days of the occurrence and after 8 days of arrest of the accused persons. Soti P.I, hatchet P.2, hatchet P3 and soti P.4 were recovered at the instance of appellant Rashid Ahmad, acquitted co- accused Rashid Ahmad; acquitted co-accused Ranjhoo and acquitted co-accused Dodha respectively from their residential Kotha on 15.11.1990 and secured vide memos Exhs.PD, PE PF and PG respectively attested by P.W.6 Wazir and P.W.7 Ghulam Haider and were neither stained with blood nor sent to the ----------------------- Laboratory for analysis. P.W. Mian Irfanullah, Inspector/SHO had effected the recoveries. The recoveries P.I stated that the injuries were caused to him by hatchet and soties. There is no injury of sharp edged weapon on P.W.2. Injuries on the person of Khadim Hussain deceased were three in number with blunt weapon and on Ibrahim deceased three injuries were caused with sharp edged weapon. The medical evidence furnished on record by the statements of P.W.10 is not in consonance with the ocular testimony furnished on record by the statements of P. Ws.2, 3 and 4. The prosecution had suppressed the injuries on Rashid Ahmad, appellant.
9. The appellants when examined under section 342 Cr.P.C, denied the prosecution evidence against them and also the recoveries of incriminating weapons of offence at their instance.
Appellant Rashid Ahmad when examined under section 342 Cr.P.C, in answer to a question "Why this case against you and why the P.Ws have deposed against you" replied:- I was going to my Helds at 8.00 P.M. On 23.10.1990 when I reached the metalled road Siddique complainant, his father Ibrahim and brother Khadim Hussain suddenly attacked me. I was carrying a dang as usual with which I defended my person and inflicted injuries. On my hue and cry some persons reached there, out of whom two persons one armed with hatchet and the other with a dang inflicted injuries to Muhammad Siddique and Ibrahim and Khadim in order to save my life. I could not recognize these two rescuers due to darkness. I was carried in injured condition to the dare of Malik Qadir Bakhsh, Member District Council who sent me to the P.S. Along with Malik Fida Hussain lumberdar. I was produced before Muhammad Ramzan ASI at about 10.00 p.m. In the Police Station Saddar, Ahmadpur East. The ASI sent me to doctor Muhammad Iqbal Shaheen, M.O.
Who examined my injuries but did not issue medical certificate and sent me back to the Police Station, where I was detained for 14 days and was again sent to the same doctor on 6.11.1990 with injury statement who then issued a medical certificate. I have been falsely implicated because my elder brother Bashir Ahmad co-accused had abducted a firm related to Muhammad Shafi and Murad P.Ws and further because Bashir Ahmad had got Ismail uncle of complainant arrested in cattle the scale. I tender written statement Exh.DD in Urdu." and further stated that he acted in self defence and produced D. W.l and D.W.2 in defence.
Appellants Bashir Ahmad and Muhammad Sidiq when examined under section 342 Cr.P.C, denied the prosecution evidence against them an had stead that they had not been arrested by the Police because they were found innocent during investigation. They claimed that they had been falsely involved in the case. It is pertinent to mention here that appellants Bashir Ahmad and Muhammad Sadiq were neither arrested nor challaned by the Police but they were summoned by the Court to face trial.
10 D. W.l Malik Qadir Bakhsh and D.W.2 Fida Hussain stated that on 23.10.1990 at about 8.30 p.m.
Appellant Rashid Ahmad was brought to the dera of D. W.l in injured condition, D.W 2 was sent with the appellant to the police station. On the next day D.W.2 told D.W. 1 that D.W,1 Dr. Muhammad Iqbal Shaheen had refused to examine him as his injury statement was not prepared by P.W.8 Muhammad Ramzan, S.I.D.W.1 stated that he issued letter of innocence of two accused persons Muhammad Sadiq and Bashir Ahmad as he was appointed Arbitrator. D. W.l was a Member, District Council. He joined the investigation, where both the parties a reed upon to inquire about the innocence of Muhammad Sadiq and Bashir Ahmad, appellants from his own. D. W.l enquired, himself secretly and from the public of the locality and he was satisfied that Muhammad Sadiq and Bashir Ahmad, appellants, were not present at the time of occurrence and they did not participate in the occurrence and had written a letter Exh.DE signed by him about the innocence of Muhammad Sadiq and Bashir Ahmad appellants. After recording complaint Exh. PA, formal F.I.R.
Exh.PA/1 and preparation of inquest report of Khadim Hussain Exh.PN manipulation and forgery had been committed in Exhs. PA, PA/1 and PN. Exh.PA statement of P.W.2 complainant was recorded by P.W.8 in the Hospital of Ahmadpur East and after recording the same was sent to the police station, where P.W.1 Muhammad Shaft recorded formal F.I.R. Exh. PA/1 Exh.PA was recorded at 9.45 p.m. At the Hospital and Exh.PA/1 was scribed at police station at 10.00 p.m. In Exh.PA in the middle of 8th line after Urdu words sons of Kammum the words Mosallah Kulhari had been added at two places after the word 'sons of Kammun at the same point of the text in Exh.PA- Muhammad Ramzan (P.W.8)is the subscriber of document Exh.PA which is the foundation of the prosecution case. The P.W.8 specifically asked and was cross-examined on this point. His explanation and answer was It is correct that words Mosallah Kulhari were in between lines Nos. 6 and 7." He further stated that it was also correct that the Urdu word Kulhari was written in lines Nos.10 and 11 of Exh.PA.P.W.8 volunteered that first he prepared rough statement of P.W. Form which he wrote this original and while preparing original Exh.PA from rough the words written in between lines were omitted, and when he compared he added these words. After preparing the original he destroyed rough draft.
From the volunteer statement it appears that the addition of words Mosallah Kulhari in Exh.PA was done by him before sending the same to the Police Station. At police station formal F.I.R Exh.PA/1 was recorded by P.W.1 and the same addition is appearing at the same place in Exh.PA/1. P.W.1 was cross-examined on this point and he stated, "It is correct that the words in the 6th line of Exh.PA/1 'Ne Kulhari' are the carbon impression, but in different colour" According to him, the words Ne Kulhari were omitted by him while copying it from Exh.PW and it was correct that in Exh. PA the words Ne kulhari had been written in 8th and 11th lines after making arrow mark. It is apparent that P.W.1 also committed the same omission as the same place in the text of Exh.PA/1 as is appearing in Exh.PA.P.W.8 also prepared injury statement Exh. PM of Khadim Hussain on 24.10.1990 on the next day of recording of Exh.PA. In Exh.PM the same manipulation has been done at the same two places. It is not possible and believable that he would commit the same omission at the same places of text while preparing another document i.e. Exh. PM on the next day Exh.PM is the verbatim copy of Exh.PA. Exhs.PA and PA/1 were recorded by two different persons. But if the addition was made by P.W.8 at the hospital before sending the same which is conspicuous in Exh.PA, it was not possible that P.W.1 Muhammad Shaft while recording formal F.I.R. Exh.PA/1 would also omit the same words at the same place. It is proved on record that the addition of words Ne Kulhari had been done in Exhs.PA, PA/1 and PM at the time of preparation of Inquest Report Exh. PN. It was intentional manipulation and addition by P.W.8 in connivance with the complainant in order to bring in line the ocular version and the medical evidence. If this addition or manipulation had not been made, even the ocular account was that "Ranjhoo and Rashid Ahmad were armed with Bansi Soties" and by the above forgery the role ascribed to them had become that they had caused hatchet blows on the person of Ibrahim. The injuries on the person of the deceased are with sharp edged weapon. This dishonest padding and manipulation by PW.8
11. The co-accused Rashid Ahmad, Dodha and Ranjhoo were acquitted by the trial Court as they were not from the brotherhood of the appellants and were Janner by caste, whereas the appellants are real brothers and Laray by caste. Appellant Rashid Ahmad appeared before the Police on the day of occurrence who was sent for medipal examination by P.W.8 to the Doctor C.W.1 alongwith the police and as there was no injury statement, C.W.1 had refused to examine him,.
Appellant Rashid Ahmad had raised the specific plea that he was attacked by P.W.2 and the deceased persons. While carrying Dang as usual with him the appellant defended himself and inflicted injuries. On his hue and cry, people reached there, out of whom two persons one armed with hatchet and the other with Dang inflicted injuries to P.W.2 and the deceased persons in order to save the appellant Rashid Ahmad. Appellant Rashid Ahmad could not recognize the said two rescuers due to darkness and was carried in injured condition to the Dara of D. W.1, who sent him to the police station alongwith D.W.2 and was produced before P.W.8, P.W.8 then sent the appellant to the Doctor C.W.1 who examined his injuries, but did not issue medical certificate and was sent back to the police station, where he was detained for 14 days and was again sent to the same Doctor on 6.11.1990 with injury statement. Appellants Bashir Ahmad and Muhammad Sadiq were found innocent by the police and they were not even challaned.
12. Appellant Rashid Ahmad had admitted the occurrence had infliction of injuries on the P.Ws and the deceased persons with Dang by him, but in a different manner. Appellants Bashir Ahmad and Muhammad Sadiq were found innocent by the police and was not even challaned but later on were summoned by the Court. The appellants are real brothers. Statement of appellant Rashid Ahmad has to be accepted in totality and without scrutiny.
13. The learned trial Court held that manipulation and addition had been made in Exh. PA and on its basis in F.I.R. Exh.PA/1 as well as Inquest Report Exh. PN. The motive has not been proved behind the occurrence. The eye witnesses have made dishonest improvements and presence of P. Ws.3 and 4 (eye witnesses) at the place of occurrence at the relevant time was not established on record. The trial Court also held that the prosecution and the defence had not come forward with true aspect of the case. Neither the prosecution evidence was believed nor the plea raised by appellant Rashid Ahmad was accepted by the trial Court, but it drew its own conclusion while convicting the appellants. The statements furnished on record have already been disbelieved by us and the prosecution evidence stands rejected in its totality and in the circumstances the statements of the appellant have to be accepted in totality and without scrutiny.
14. Prusuant to the above discussion, we hold that the prosecution has failed to established its case beyond doubt against the appellants and giving them benefit of doubt we acquit them of the charge. The appellants shall be released forthwith if not required in any other case. The death sentence is not confirmed. The connected Crl. Appeal No. 26/92/BWP, Crl. Revision No.29/92/BWP and Crl. Revision No.19/93/BWP are dismissed.