' These are two connected revision applications filed against the judgment of acquittal passed by Civil Judge & F. C. M., Tando Allahyar (Muhammad Saleh G. Memon) in respect of offence under section 304-A, P. P. C. And an order of dismissal of complaint under section 203 in respect of offence under section 302/34, P. P. C. Passed by Civil Judge & F. C. M., Tando Allahyar (Abdur Razzak Sheikh) under the following circumstances.
2. On 16-10-1967 at about 11-30 a.m. The respondent Mir Khan was going to his village from village Piyaro Lund near Ghotki, District Sukkur. He was driving his bullock-cart through the bazar while standing, with a gun in one hand and the reins of the bullocks in the other. On account of the noise and rush in the bazar the bullocks got frightened and the respondent tried to control them. In this attempt the gun which was loaded fell down from his hands and the trigger went off. One Rehmat who was standing in the bazar got accidentally shot in the abdomen. Rehmat was taken to the hospital but he died on the following day. A report was lodged against the respondent at 3 p.m. The police registered the case under section 304-A, P. P. C. And sent up the respondent. The learned Civil Judge & F. C. M. Allahyar after recording evidence came to the conclusion that it was a case of pure accident as the respondent had not been guilty of any culpable negligence on his part.
Meanwhile a direct complaint was filed on 4-1-1968 in the Court of the Civil Judge & F. C. M., Tando Allahyar against respondent Mir Khan and two others by one Mehtab Khan father-in-law of deceased Rehmat for offence under section 302/34, P. P. C. In respect of the same incident. This complaint was dismissed under section 203, Cr. P. C. On 28-6-1968. After a delay of about 2-1/2 months an entirely new case was set up implicating three persons for deliberate murder contrary to the original case before the Police. The learned Magistrate could see no reason for going on with this direct case simultaneously with the case under section 304-A sent up by the Police. Against this order of dismissal a revision application was filed in the Court of Session but the same was later on withdrawn and was dismissed.
2. The evidence of complainant and other witnesses was recorded in the case under section 304-A, P. P. C. Abdul Sattar son of deceased Rehmat Khan P. W. 1 had stated in Court that the respondent had fallen down from the bullock-cart as the bullocks had got frightened while passing through the bazar and the loaded gun in the hands of the respondent had gone off injuring Rehmat. This was also the case as stated in the F. I. R. This fact was also supported by P. W. Kadir Bux and Hidayat the eye-witnesses who were examined in this case. The dying declaration of Rehmat was also recorded by the police. Rehmat had stated in that dying declaration that the respondent was in the bullock-cart when suddenly his gun went off and the shot struck him. That he had no enmity with the respondent.
3. In view of the above evidence the learned Civil Judge & F. C. M. Found that there was no culpable negligence on the part of the respondent and the gun had gone off as a result of an accident for which the respondent could not be blamed. It is a well-reasoned judgment and it has not been suggested that the learned Civil Judge & F. C. M. Had mis-stated the facts or improperly assessed the evidence. The order of dismissal of the direct complaint filed 2 months after the incident giving totally different facts and implicating three persons, would also appear to be reasonable and proper. Even the revision application filed against the order was dismissed as withdrawn by the Sessions Court.
4. The learned counsel appearing on behalf of the Advocate-General does not support any of these revision applications and has expressed his view that the orders passed in both the cases had been properly passed under A the circumstances of the case ; that the State had no grievance and no acquittal appeal had been filed.
5. In the result both the revision applications are dismissed.