Muhammad Ramzan and Pehlwan sons of Muhammad Din and their father Muhammad Din son of Allah Ditta appellants were tried for an offence under section 302/307/34, P.P.C. In the Court of learned Additional Sessions Judge, Chunian. The trial Court convicted and sentenced the appellants as stated below:--
(1) Muhammad Ramzan and Pehlwan appellants Nos.1 and 2 under section 302, P.P.C. To life imprisonment with a fine of Rs. 10,000 each or in default to undergo S.I. For six months each.
(2) Muhammad Ramzan appellant No. 1 under section 307 (present 324, P.P.C.) five years' R.I. This sentence was to run concurrently with the sentence under section 302, P.P.C.
(3) Muhammad Din appellant No. 3 under section 323, P.P.C. To two years' S.I.
(4) Muhammad Ramzan appellant No.1 was allowed benefit of the provisions of section 382-B of the Cr.P.C.
2. The alleged occurrence took place on 4-4-1990 at about 11-30 p.m. Near the tube-well within the area of village Bheemkey. Muhammad Ashiq P. W.7 lodged the report (Exh. P.L.), whereupon the formal F.I.R. Exh. P.L/1 was recorded by A.I Akhtar, Inspector P. W.11. The complainant stated in the F.I.R.
That he resided in village Bheemkey where his maternal-uncle Muhammad Din son of Allah Ditta and his two sons namely Ramzan and Pehlwan also resided. The complainant purchased a cow from Pehlwan about one month before the occurrence and a sum of Rs. 3,900 was to be paid by the complainant. Pehlwan demanded the amount from the complainant who as well as his brother Muhammad Nawaz told him that the amount would be paid by 15th of Besakh, the date fixed for the purpose. Upon this reply Pehlwan became infuriated and went away with the threat that he would teach them a lesson. At about 11-00 a.m. The complainant and his brother went to the tube- well of Haji Musa to take a bath and their mother Mst. Aisha and sister Sheran Bibi for washing the clothes. In the meanwhile Muhammad Din. Appellant No. 3 armed with Dang, Ramzan appellant No. 1 armed with .12 bore carbine, and Pehlwan appellant No. 2 armed with .12 bore gun came there raising Lalkaras that they would take revenge for non-payment of the money and the insult to which they were put by the complainant Ramzan and Pehlwan appellants fired with their respective weapons at Muhammad Nawaz causing injuries on his right collar bone who started running towards the village and fell down after covering a short distance. Thereafter, Muhammad Din appellant gave a Dang blow on his head who died at the spot. The complainant ran towards his brother Muhammad Nawaz but was apprehended by Muhammad Ramzan appellant and Muhammad Din gave Dang blows on his head, right arm and right shoulder. Mst. Sheran sister of the complainant fell on the body of Muhammad Nawaz, Muhammad Ramzan appellant fired at her with his carbine causing injuries on her left arm. Muhammad Din gave Dang blow on the head of Mst. Aisha, mother of the complainant. Thereafter the accused persons ran away from the spot.
3. The case was investigated into by A.I Akbar, S.H.O: P. W.11 who reached the hospital on receiving an information that some injured persons were lying there. He recorded the statement Exh. P.L. Of Muhammad Ashiq complainant and sent it to the police station for registration of the case. He went to the place of occurrence and took into possession blood-stained earth from the spot on 4- 4-1990 vide recovery memo. Exh. P.D. (witnessed by Muhammad Sharif P. W.3 and Muhammad Sharif son of Allah Ditta who was given up). He prepared inquest report of Muhammad Nawaz deceased and sent his dead body for post-mortem examination. He prepared the site plan Exh. P.N.
Sent Mst. Sheran Bibi, Mst. Aisha Bibi and Muhammad Ashiq P. Ws. For medical examination. He also took into possession the last worn clothes of the deceased P.6 and P.7 as well as one sealed vial P.8 vide recovery memo. Exh. P.E. He obtained warrants of arrest of the accused persons who were not traceable and were declared as proclaimed offenders. Subsequently, the accused persons were arrested by Muhammad Ashraf, Inspector P. W.9 who recovered pistol P.1, with one cartridge from Muhammad Ramzan appellant on 15-6-1990 vide recovery memo. Exh. P.A., gun .P.3 with one cartridge P.4 from Pehlwan appellant on 15-6-1990 vide recovery memo. Exh. P.B. And Sota P.5 from Muhammad Din appellant on the same day vide recovery memo. Exh. P.C. The appellants did not plead guilty to the charge and claimed to be tried. In order to prove its case, the prosecution produced 11 witnesses. P. W.1 Muhammad Siddique is the witness of recoveries of crime weapons from the appellants. P. W.2 Muhammad Latif F.C. Had delivered the parcels of .12 bore gun and .1.2 bore pistol at the office of Forensic Science Laboratory on 19-7-1990. P. W.3 Muhammad Sharif deposed to the recovery of blood-stained earth from the place of occurrence and stated that he had signed the recovery memo. Exh. P.D. In his presence the last worn clothes of the deceased and the sealed vial were produced before the Investigating Officer which were taken into possession vide recovery memo. Exh. P.E. P. W.4 Muhammad Younis F.C. Had escorted the dead body of the deceased to the mortuary of Civil Hospital, Chuman. He had produced the last worn clothes of the deceased and the sealed vial before the Investigating Officer P. W.5 Dr. Muhammad Arif had conducted post-mort m examination on the dead body of Muhammad Nawaz on 4-4-1990 at 4-30 p.m. He found the following injuries on the, dead body:-- "(1) There was a lacerated wound 3 c.m, m diameter margins inverted on the right clavicular area at the medial 1/3 at the root of the neck. Wound was directed backward and to the left side. It was chest cavity deep. Chest cavity was full of blood. Thoracic, aorta and superior veneacavea were ruptured. Left lung was perforated.
(2) There were multiple of pellets wounds size -- c.m. Diameter around injury No. 1 in area 20 c.m. x 20 c.m. x mussel deep.
Note Nine pellets were recovered from the chest cavity.
(3) There was a lacerated wound 4 c.m. x 2 c.m. x scalp deep on the left parital region of the head.
In heart left side was empty and right side contained blood. Stomach contained small semi- digested food. Bladder was empty. All other organs were healthy."
He opined that death of Muhammad Nawaz deceased was caused due to shock and haemorrhage due to injury No. 1 The injuries were ante-mortem. The first two were caused by fire- arm while injury No. 3 by blunt weapon. Injury No. 1 was sufficient to cause death in ordinary course of nature. Copy of the post---mortem report is Exh. P.F. And the diagram showing location of injuries is Exh. P.F/1. The same doctor medically examined Muhammad Ashiq complainant and found the following injuries on his person:--
(1) There was lacerated wound 4 c.m. x 1 mussel deep on the left side of the head just above the hairy margin.
(2) There was lacerated wound 4 c.m. x 1 bone deep on the lateral and outer side of the head.
(3) There was a lacerated wound 5 c.m. x 1 c.m. x bone deep on the middle of the head.
(4) There was a contusion with swelling 7 c.m. x 5 c.m. On the back and outer side of the right forearm middle part. .
(5) There was a contusion with swelling 12 c.m. x 5 c.m. On the upper part of the right shoulder.
(6) There was a contusion 4 c.m. x 4 c.m. On the back of the neck and lateral side of the neck left side.
(7) There was swelling 4 c.m. x 3 c.m. On the left thigh upper part.
(8) There was contusion 3 c.m. Is 1 on the left upper arm.
(9) There was lacerated wound 1 c.m. x 1- -- c.m. On the left cheek."
All the injuries were caused by blunt weapons and were simple in nature. Copy of the medico-legal report is Exh. P. G. He also medically examined Mst. Sheran Bibi and noted the following injuries on her person:-- "(1) There was a lacerated wound 18 c.m. x 10 c.m. x muscle deep on the left elbow joint ulterior part.
Margins were inverted and blackening. Corresponding cut present on the clothes. Clothes were signed and handed over to the police party. There was excessive bleeding to tai; wound. Mussels underneath wound was damaged."
The injury was caused by fire-arm and was declared as grievous. The copy of the medico-legal report is Exh. PH. On the same day, he also medical;, examined Mst. Aisha Bibi and found the following injuries:--- "(1) There was a lacerated wound 6 c.m. x 1 x bone deep on the left side of the head middle part.
There was excessive bleedings to the wound."
The injury was caused by blunt weapon and was simple in nature. Copy of the medico-legal report is Exh. P. J.
P. W.6 Safdar A.I Halqa Patwari had prepared the site plan of the place of occurrence Exh. P.K. And Exh. P.K./l. Muhammad Ashiq complainant appeared as P. W.7 and narrated the occurrence as embodied in his complainant Exh. P.L. His version was supported by the injured eye-witness namely Mst. Sheran Bibi P. W.8, P. W.9, Muhammad Ashraf, Inspector had partly investigated the case. He arrested the accused persons, effected the recoveries of crime weapons from them and submitted challan against them. EWE), Muhammad Ashraf had recoiled the formal F.I.R.. Exp. P.L/1 on receipt of the complaint Exh. P.L. P. W.11 A.I Akbar, Inspector had originally conducted investigation into the case as narrated above.
4. The prosecution gave up Muhammad Aslam, Shaukat, Mst. Aisha Bibi, Niamat and Muhammad Sharif son of Allah Ditta P. Ws. As being unnecessary. The learned D.D.A. Tendered in evidence report of the chemical examiner Exh. P.O and those of the Serologist and the Technical Services Punjab as Exh. P.P. And Exh. P.Q. And closed the prosecution case. The statements of the accused persons were recorded under section 342 of the Cr.P.C. Who stated that a quarrel had taken place between the womenfolk of the parties whereupon, Muhammad Ashiq complainant came at the spot aril fired at Mst. Saeedan Bibi, sister of Muhammad Din appellant. The shot went amiss and hit Muhammad Nawaz and Mst. Sheran Bibi. The appellants did not produce any witness in their defence.
5. The appellant's learned counsel contends that the occurrence did not take place at the tube- well of Haji Musa and that it had taken place at house the appellants. He urged that an altercation has taken place at the house: Mst. Sheran. The complainant had allegedly gone there alongwith other family members to take away Mst. Sheran Bibi and an altercation took place in which the complainant fired at Mst. Sheran Bibi which went amiss and caused injuries to the deceased. The learned counsel further submitted that if the womenfolk had gone to wash the clothes, then the articles/utensils needed for the said purpose should have been found at the spot and recovered by the investigating Officer. He further urged that there was no trail of blood from the spot where the deceased had received injuries up to the spot where he had fallen down at a distance of about 100 ft.
6. On the other hand, the learned State Counsel supported the appellant's conviction and urged that the case was fully proved by the statements of the injured eye-witnesses, the motive and the recoveries of crime weapons.
7. The parties are closely related. Muhammad Din appellant is maternal---uncle of the complainant and Mst. Sheran Bibi is his sister. He is the father of Muhammad Ramzan and Pehlwan appellants. There is no background of previous enmity between the parties. The dispute arose as a result of the demand for price of the cow sold by the appellants to Muhammad Ashiq complainant for a sum of Rs. 5,900 out of which only a sum of Rs. 2,000 was paid and the remaining amount was to be paid by 15 of the Besakh. The balance price was demanded by the appellants before the target date, whereupon, the complainant and his brother stated that they had no money but undertook to pay the same on 15th of Besakh. The accused persons felt insulted and went away hurling out threats of teaching a lesson for non---payment of the amount. The motive part of the prosecution story was not questioned when Muhammad Ashiq and Mst. Sheran Bibi appeared in the Court as P. W.7 and P. W.8. Both the injured witnesses who have no animus to falsely implicate the appellants, clearly stated that Muhammad Ramzan and Pehlwan appellants had fired with .12 bore gun and .12 bore carbine causing injuries on the right side of chest and right collar bone of the deceased. The deceased was a young man of 30 years and ran to save his life but after covering some distance fell down on the ground. Thereafter, Muhammad Din appellant gave a Sota blow on the head of the deceased. He also gave a number of Sota blows to Muhammad Ashiq P. W.7 and Mst. Sheran Bibi P. W.8. The occurrence had taken place in the broad daylight and there was absolutely no possibility of mistaken identity of the culprits. Muhammad Nawaz deceased as well as Muhammad Ashiq P. W.7 and Mst. Sheran Bibi P. W.8 had received fire-arm and blunt weapon injuries. The defence version that the said injuries were caused as a result of the shot fired by Muhammad Ashiq complainant at Mst. Sheran Bibi which went amiss cannot be accepted in view of a number of blunt weapon injuries found in the dead body of the deceased and on the person of the injured P. Ws. The prosecution story cannot be doubted merely because the articles/utensils needed for washing clothes were not taken into possession by Investigating Officer. The blood- stained earth was taken into possession by the Investigating Officer from the fields having `Barseem' crops thereon located near tube-well of Haji Moosa: This fact coupled with the eye- witness account establishes that the occurrence had taken place near the tube-well of Haji Moosa where Mst. Sheran Bibi was washing clothes and the complainant was taking a bath. As regards the absence of trail of blood, it appears that after receiving the fire-arm injuries, the deceased who was a healthy young man suddenly ran and fell down after covering some distance. During this time blood coming out of his body besmeared his clothes and body and then a pool of blood was created where he had ultimately fallen down on the ground. That is why, the Investigating Officer did not notice any trail of blood on the spot.
8. For the foregoing discussion, it can be safely concluded that the prosecution has successfully proved its case against the appellants beyond any reasonable doubt. The trial Court rightly convicted the appellants. However, the sentence of 2 years' S.I. Awarded to Muhammad Din appellant No. 3 under section 323 of the P.P.C. Appears to be illegal because the maximum sentence provided under the said provision of the Code is only one year. The same is, therefore, reduced to S.I. For one year. Keeping in view, the fact that he is an old man of about 73/75 years and his two sons, have been awarded life imprisonment, I am inclined to allow benefit of section 382-B of the Cr.P.C. To Muhammad Din appellant. Order accordingly. Resultantly, the appeal to the extent of Muhammad Ramzan and Pehlwan appellants is dismissed. It is partly allowed to the extent of Muhammad Din appellant No. 3 regarding the quantum of sentence as stated above.