1. JUDGMENTRAO NAEEM HASHIM KHAN, J.- This appeal is directed against the judgment dated 11.5.1993 of District and Sessions Judge, Vehari, whereby appellant Muhammad Din was convicted under Section 302 PPC and sentenced to life imprisonment with a fine of Rs. 20,000/- or in default of payment of fine to further undergo R.L for one year. The appellant was also convicted under Section 452 PPC and sentenced to four year's R.I. With a fine of Rs. 1,000/- or in default of payment of fine to further undergo R.I. For three months. It was further directed that the appellant shall pay Rs. 20,000/ as compensation to the legal heirs of the deceased or in default of its payment further undergo R.I.
2. For six months. AII the sentences awarded to the appellant were directed to run. Concurrently: Co- accused namely Muhammad Idrees was acquitted by the Trial Court as prosecution has failed to establish any charge against him.2. Brief facts of the case as narrated in the complaint (Ex.PM) by Muhammad Suhhan (complainant) recorded by Mansab Khar, Inspector/SHO, Police Station Mitru on 8.10.1988 at 8.45 P.M. While he was present at "Pul Mitni" in the area of Chak No. 177/WB, was that sister of the complainant namely Kausar was married with Muhammad Idrees, co- accused (son of the appellant). Out of their wedlock one daughter was borne. He further stated that about three months back to the occurrence relations between the spouses (her sister and brother-in-law became strained and the appellant (father of Muhammad Idrees) gave beating to bis sister (Kausar Parveen), who came to their house being annoyed. About one and half months prior to the occurrence an altercation took place between his brother Waryam (deceased) and appellant which resulted into proceedings under Section 107/151 Cr.P.C. His sister also filed a suit for dissolution of marriage.The complainant stated that on the day of occurrence (8.10.1988) at about 7.00 P.M. He alongwith his father Barkat and maternal uncle Nagar Ali were smoking Huqqa, while sitting in Courtyard of their house. His elder brother Waiyam (deceased) was also sitting in the Courtyard near to them. The lantern was on. Meanwhile Muhammad Din, appellant, armed with pistol .12 bore and his son Muhammad Idrees armed with sota tress-passed into their house and raised lalkara to his brother Waiyam that they would not let him alive as he had brought Kausar Parveen in his house. Simultaneously appellant fired with his pistol which hit Waiyam on the right side of hiS back. Nagar Ali went ahead when Muhammad Idrees inflicted sota blow on his head.
3. Waiyam fell down and on their alarm both the accused managed to ran away. He further added that due to fear they could not go near to them. Father of the complainant and one Said Muhammad took the injured Waiyam to Civil Hospital, Vehari.3. After recording the statement of the complainant, SHO, Police Station Mitru, sent the complainant (Ex.PM) to Police Station through Muhammad Amin, Constable-841, for registration of case under Section 397/452/34 PPC and proceeded to Civil Hospital, Vehari. He moved an application (Ex.PN) to Medical Officer for recording the statement of injured persons, but Doctor vide report (Ex.PN/1) opined that the injured persons were not fit to make their statements. He collected medical report of both the injured persons from the Hospital and also took into possession the last worn clothes of Waiyam produced by Medical Officer vide memo. (Ex.PQ). On 9.10.1988 he visited the spot and prepared site plan (Ex.PR) without scale. He took blood-stained earth from the spot*and sealed it into parcel- vide memo. (Ex.PA). He also took into possession lantern (P-1), produced before him by Muhammad Suhhan, complaint, vide memo. (Ex.PB) and recorded the statements of PWs under Section 161 Cr.P.C. On 11.10.1988 he recorded the statement of Nagar Ali, injured PW. On 12.10.1S88 he arrested the appellant and on his pointation pistol .12 bore (P-2) alongwith for live cartridges (P-2/1-4) and one empty cartridge (P-2) were recovered from a Party" lying in his residential house, and took into possession vide memo. (Ex.PT) and prepared cite plan (Ex.PT/1). On 16.10.1988 he went to Nishtar Hospital, Multan, and moved an application (Ex.PU) for recording the statement of Waiyam (deceased) which was allowed vidt report of Medical Officer (Ex.PU/1), thereafter he recorded the statement of Waiyam (deceased) under Section 161 Cr.P.C. On 17.10.1988 hp submitted incomplete challan before the Court for trial under Section 307/452/34 } ' '"C.4. Dr. Bashir Ahmad, Medical Officer (PW-14) conducted the medical examination of both the injured persons at about 8.30 p.m on8.10.1988. He found following injuries on the person of Waryam:(1) Circulated lacerated wounds in a circle of on an area of 5 cm x 4 cm going deep on the back right side of chest, 5 cm below the shoulder blade. Each wound was 4 cm x 1 cm except one which was 2 cm X 2 cm. Total number