' JUSTICE RAJA AFRASIAB KHAN (MEMBER).---The appellants Umar Bakhsh, Ghulam Rasool,and two others were tried by the learned Judge, Special Court for Speedy Trials, Multan in a case having been registered against them under section 336/357-F/342/34, P.P.C. With Police Station Jalla Arain, District Lodhran on 30-7-1992. On 15-2-1993, the learned Judge convicted both the appellants under section 336, P.P.C. And sentenced them to undergo 10 years' R.I. As Tazir. They were also directed to pay a sum of Rs,1,00,000 (Rupees one lac) each to Muhammad Iqbal and Muhammad Nawaz, the injured P.Ws. Under section 544-A, Cr.P.C. It was ordered that the amount of compensation shall be recovered as arrears of land revenue and in default thereof, the convicts were directed to suffer S.I. For six months each. Ghulam Hussain and Imam Bakhsh co-accused of the appellants were however, acquitted by giving them the benefit of doubt. They were given the benefit of section 382-B, Cr.P.C. The convicts have challenged their convictions and sentence by filing this criminal appeal which shall be decided through this judgment.
2. The facts, as mentioned in the F.I.R. Are that the complainant Muhammad Hafeez is a resident of Chak No356/W.B. And is cultivator by profession. On the night of 30-7-1992, he went to the house of his in-laws in Chak No372/W.B. At night Muhammad Hafeez, Muhammad Iqbal, Muhammad Nawaz and Abdul Ghafoor went to their land to look after their cattle. They also slept on their cots on their land. At about 2-00 a.m. Abdul Ghafoor, armed with a .7 mm rifle, Ghulam Hussain, Ghulam Rasool, Imam Bakhsh, carrying Dangs and Umar Bakhsh, armed with a spear alongwith four unknown persons came at the spot. They caught Muhammad Iqbal and Muhammad Nawaz and injured them with their weapons. Muhammad Hafeez and Abdul Ghafoor succeeded to run away from the spot. Abdul Ghafoor left his licensed rifle at the place of occurrence. The accused brought Muhammad Iqbal and Muhammad Nawaz to their house. An apprehension was expressed by the complainant that they might be done to death by the accused. There was a dispute between the parties about the possession of some State land. There was also a Court decision in favour of the complainant party about the said land.
3. A.S.I. Umar Hayat, P.W.7 recorded the statement Exh.PF of Muhammad Hafeez and sent it to the police station for registration of a case against the accused. The police officer went to the house of Ghulam Rasool, where Iqbal and Nawaz, P.Ws. Were found confined. Ghulam Hussain and Ghulam Rasool are the real brothers. They used to live together in one house. The Police Officer recovered Iqbal and Nawaz from the illegal confinement of the accused. They were found in an unconscious and injured condition. A broken rifle-butt was also taken into possession vide Exh.PG. Injury statements Exh.PH and Exh.PJ of Iqbal and Nawaz respectively were prepared by him. The injured P.Ws. Were sent to hospital for their medical examination. Umar Bakhsh accused was arrested on 6-9-1992 by the Investigating Officer. At his instance, Sota P.1 was recovered on the same day. The remaining investigation was conducted by Muhammad Akram Inspector P.W.9. He arrested Ghulam Hussain on 17-10-1992. Sota P.2 was recovered at his instance on 19-10-1992 which was taken into possession vide memo. Exh.PD. On 20-10-1992, the witness arrested Imam Bakhsh. He led to the recovery of Sota P.3 on 23-10-1992, which was taken into possession vide memo. Exh.PE.
4. Dr. Syed Muhammad Nasir Qadri, P.W.1 medically examined Muhammad Iqbal (26) on 30-7-1992 at 4-00 p.m. He found the following injuries on his person:---
(1) A lacerated wound present on left side of skull, measuring 5 c.m. x 1 c.m., vertical in direction, 8 c.m. From left ear and 8 c.m. From frontal hair line.
(2) Acid burn of the left eye including upper and lower eye-lids. The eyeball is flacid, no corneal and pupil reflex. Pussy discharge present in the eye-ball. No vision present.
(3) A lacerated wound present on left side of chin measuring 3 c.m. x 1 c.m. Muscle deep.
(4) Swelling of the all of upper arm including shoulder and elbow joint. Extending into the middle of the lower right arm.
(5) Multiple abrasions with swelling of all left arm.
(6) An abrasion present-on back of little finger of left hand measuring 1 c.m. x 1 c.m.
(7) A reddish blue bruise present on left shoulder joint with swelling of the joint.
(8) Complain of pain all over the anterior surface of chest and upper abdomen.
(9) Multiple abrasions present on the left side of the back of upper chest with swelling.
(10) A lacerated wound present on the anterior aspect of left leg measuring 5 c.m. x 1 c.m. Verticle in direction 12 c.m. From the knee joint, muscle of the lower leg protruding through the wound.
(11) A lacerated wound present on the anterior aspect of right lower leg measuring 3 c.m. x 1 c.m., 11 c.m. From the knee joint, protrusion of muscle of lower leg through wound.
(12) Multiple abrasion present on the back of right thigh. In the opinion of Doctor, all the injuries were found simple in nature except injury No,2 which was declared grievous. According to him, collectively, three injuries were dangerous to life. He deposed that injury No,2 was caused by acid burn while the remaining injuries were inflicted by blunt weapons. The probable duration of the injuries was found to be within 12 to 10 hours.
5. The same Doctor, medically examined Muhammad Nawaz (30) on the same day (30-7-1992) at 4-30 p.m. And found the following injuries on him:---
(1) A corrossive injury of right eye with pussy discharge present on upper and lower lids, severely swollen. A black mark of corrosiveness present on the medial side of right eye. Light reflex sluggish.
Oedema of cornea and sclera present.
(2A) Lacerated wound measuring 3 c.m. x 1 c.m. Skull deep, oblique in direction, present on right side of skull, 8 c.m. Above the right eye brow and 11 c.m. Above right ear.
(2B) A lacerated wound present on right side of skull measuring 3 c.m. x 1 c.m. Horizontal in direction, 19 c.m. From back hair line 16 c.m. From right ear.
(2C) Corrosive lesion of the pinna of right ear with swelling of pinna and internal meatus, drum head not visualized due to extreme pain during examination.
(3) A lacerated wound present on the bridge of nose measuring 1 c.m. x 1 c.m. Clotted blood present in both nostrils.
(4) A reddish blue bruise with painful swelling present all over the left upper arm, extending from shoulder upto elbow joint.
(5A) Multiple acid burns present over the right upper arm, outer inner side.
(5B) A reddish blue bruish present over the right upper arm, outer aspect measuring 10 c.m. x 3 c.m.
(6A) A reddish blue bruise on the right side of lower chest anterior aspect measuring 15 c.m. x 5 c.m. Oblique in direction.
(6B) A reddish blue bruise on the right side of upper abdomen 20 c.m. x 3 c.m. Horizontal on direction 434 c.m. Below injury No,6A.
(7) Multiple bruises present all the right lower leg with painful swelling.
(8) Reddish blue bruise present on the back of left upper thigh including all over the left buttock extending upto the lumbo sacral region.
(9) Multiple reddish blue bruise present on the back of middle chest.
(10) Complains of pain on the perineal region. Advised urine-examination.
' The doctor opined that Injury No,1 was caused as a result of acid-burn while the other injuries were inflicted by blunt weapons. Injuries Nos. 1, 2, 2-A, 28, 2C and 10 were kept under observations. Ali the injuries except Injury No,1 were declared simple.
6. Eye-witness account was furnished by Abdul Ghafoor P.W.5, Muhammad Iqbal P.W.6 and Muhammad Nawaz P.W.B.
7. Imam Bakhsh (acquitted accused) denied the allegations while making his statement under section 342, Cr.P.C. He deposed that on the night of occurrence, Iqbal, Nawaz and other attacked the house of Ghulam Hussain. The accused made an attempt to abduct the wife of Iqbal. During the scuffle, Iqbal and Nawaz had fallen on the ground and as a result thereof were injured.
8. Ghulam Hussain deposed that the accused had dispute in respect of a piece of land with the complainant party. On 30-7-1992, at about 2-00 a.m. Iqbal, Nawaz, Ghafoor and Hafiz P.Ws.
Attacked them in their house. Iqbal P.W. Attempted to abduct his wife. Ghulam Muhammad, brother of Umar Bakhsh accused gave a Sota blow to Muhammad Iqbal. On receipt of the injury, he fell down. He continued to state that they succeeded in apprehending Iqbal and Nawaz at the spot.
They were kept and confined in a room of their house till the arrival of police at the spot. He, however, expressed his ignorance as to who injured the eyes of Iqbal and Nawaz P.Ws. The appellants Ghulam Rasool and Umar Bakhsh also denied the allegations levelled against them.
Umar Bakhsh added that he had been involved in the case falsely due to land dispute with the complainant party.
9. Learned counsel for the appellants contends forcefully, that there was no motive for them to commit the offences as alleged by the prosecution. According to him, the medical evidence would negate the ocular account. It is maintained by the learned counsel that no independent witness from the village was produced by the prosecution in support of its case. Learned State counsel argues that the incident was clearly admitted by the accused. They had already preplanned the commission of the offences. According to learned counsel, mere possession and use of acid by the accused during their attack would aggravate the nature of offences.
10. We have heard the learned counsel for the parties at considerable length and have also gone through the record with utmost care. There is no substance in the arguments of the learned counsel for the convicts and as such they are repelled. In our view, the prosecution has succeeded to prove its case against the appellants beyond doubt. Muhammad Iqbal P.W.6 supported the prosecution version. He deposed that on 30-7-1922, he, Muhammad Nawaz, Hafeez and Ghafoor were sleeping on their land near their cattle. He stated that Ghulam Rasool, his uncle had already obtained the said land on lease from the accused. At 2-00 a.m. Ghulam Rasool, Umar Bakhsh, Ghulam Hussain and Imam Bakhsh came at the spot while armed with deadly weapons. They opened an attack upon them. He and Nawaz were injured by the accused with their weapons. They were lifted and brought by the accused to the house of Ghulam Rasool where his eyes were gouged out with a Sua by the accused. The accused also poured acid into his eyes. He deposed that Nawaz was also beaten by the accused. The evidence of Iqbal P.W. Was corroborated by Muhammad Nawaz P.W. Muhammad Nawaz is also an injured witness. The evidence of injured P.Ws. Was also materially corroborated by the medical evidence of Dr. Syed Muhammad Nash Qadir, P.W.1. According to the medical evidence, Muhammad Iqbal P.W. Completely lost his eyesight while vision of Nawaz P.W. Was retrievable. The prosecution evidence proves beyond doubt that Muhammad Nawaz and Muhammad Iqbal P.Ws. Were given brutal beating by the appellants inasmuch as they were deprived of their eyesight in a cruel manner. It is established that they inflicted injuries upon the victims in a preplanned manner and that they had also kept acid with them which was in fact used by them in the attack. The prosecution witnesses, inspire confidence and as such are worth reliance. We, therefore, hold that the appellants were rightly convicted and suitably sentenced on the basis of overwhelming evidence. This being so, there is no substance in the appeal which is hereby dismissed.