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1994 MLD 852

MUHAMMAD ANWAR vs MUHAMMAD RAFIQUE and others

Citation1994 MLD 852
CourtLahore High Court
Case No.Criminal Revision No,239 of 1993
Date1994-01-29
Judge(s)Mian Abdul Khaliq
ResultPetition dismissed

ORDER

' A case at Police Station Sharaqpur, District Sheikhupura was registered vide F.I.R. No,134 of 1988. On 18-4-1988 on the complaint of Muhammad Anwar petitioner/complainant under section 147/148/201/302, P.P.C. The complainant alleged that his younger brother Muhammad Hanif deceased was a cultivator, married with Mst. Irshad Bibi and two children Imran aged 12 years and Adnan aged 6 years were born. Mst. Shadan (Irshad Bibi) wife of the deceased stated that the deceased was not traceable since night. The complainant searched for the deceased and found him dead in the tubewell. Many persons assembled there and the deceased was taken out and there were blackish marks of electric burn on his face and apparently he was found to have died due to the electric shocks.

2. The respondents were challaned and sent up for trial. A charge under sections 109/302, 148, 302/149 and 201, P.P.C. Was framed against the respondents, to which they denied and'claimed trial.

3. The prosecution examined 13 P.Ws. In all to substantiate its case. The learned Sessions Judge, Sheikhupura vide his impugned judgment dated 7-4-1993 acquitted the respondents of the charge. The State has not filed appeal against their acquittal. There was no eye-witness of the present occurrence. P.W.5 Imran Ali, aged 12 years son of the deceased had been produced by the prosecution as a witness who stated that Rafique, Ibrahim, Younis and Majeed entered their house and as his father was not at his house and he had locked the door from outside as usual. He waited for his father, but he did not arrive. He then went to sleep. Shortly before the call for morning prayer he heard the cry of his father. He and his younger brother woke up. He witnessed in the light of the bulb that Rafique respondent was holding his father by the cloth which he had put in his neck, Ibrahim had put a cloth on his mouth and Majeed respondent was holding his father from the testicles, while his mother was holding his father from his legs. Younis respondent gave blows from the butt of his revolver to his father on his face and chest. He did not cry due to the fear. The deceased raised alarm, Ibrahim respondent mounted over the body of his father, who became unconscious. Thereafter Mst. Irshad Bibi, respondent No,2 brought naked electric wire which had been connected with the plug of electric energy and thereafter Rafique respondent touched the deceased with the naked wire, as his both hands were tied with a Safa. Then Ibrahim, Rafique, Youths and Majeed lifted the deceased from the cot and his mother, respondent No, 2, opened the door from the side of the Haveli and drove them of into the Haveli. P.W.5 Imran All due to fear went to his grand-father (mother's father) in Phairanwala and did not return for 6/7 days.

4. P.W.5 Imran Ali is a child witness and he waited for 6/7 days to report the matter. He made an exaggerated statement which is not at all in consonance with the medical account furnished on record by the statement of P.W.11 Dr. Mubashir Ahmad who had found 12 injuries on the person of the deceased and opined that the death occurred due to severe shock of electric burn due to injuries Nos.1 and 2 which were sufficient to cause death in the ordinary course of nature. He had sent a piece of stomach, small and large intestines, liver, kidney and spleen to the Chemical Examiner and during cross-examination he stated that possibility could not be ruled out that the remaining injuries could be the result of falling of the deceased on a hard substance after receiving electric shocks.

5. The learned trial Court acquitted the respondents vide its impugned judgment, dated 7-4-1993.

The learned counsel for the petitioner/complainant has not been able to point out that there was any misreading of evidence, the impugned judgment was perverse or any other view except the acquittal could be taken. In the circumstances, this criminal revision against acquittal is dismissed.

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