' Zulfiqar appellant aged 18 years was arraigned for trial in the said case in the Court of Ch. Faiz Talib Khan, Additional Sessions Judge, Gujranwala. Through judgment, dated 1-4-1993 the appellant was convicted under section 302(2), P.P.C. And sentenced to life imprisonment. He was also ordered to pay the compensation to the tune of Rs,10,000 and in case of default of payment of the said compensation to further undergo R.I. For six months.
2. Feeling aggrieved the appellant has preferred the present appeal through jail challenging his conviction and sentence.
3. Abdur Rashid complainant P.W.8 moved an application Exh.P.E. Before Muhammad Saleem Inspector/S.H.O. P.W.14 of Police Station Model Town. Gujranwala on 9-2-1992 at 7-45 a.m.
Whereupon F.I.R. Exh.P.E./1 was recorded at the police station by the said officer regarding the murder of Khalid Iqbal aged 30 years in Noman Engineering Works situated in Mohallah Muhammad Pura at a distance of six furlongs from Police Station Model Town, Gujranwala.
4. Briefly the facts of the case are that Khalid Iqbal, deceased, who was the brother of wife of Abdur Rashid, complainant P.W.8 was running Noman Engineering Works situated at Ganda Nala in the area of Dhullay and was manufacturing tractors exels. This factory was owned by the complainant.
The deceased was the resident of Sheikhupura but was residing in the house of the complainant.
On 4-2-1992 Zulfiqar accused came to the house of the complainant where Khalid Iqbal deceased, Faiz-ur-Rehman P.W.11 and the complainant were present at 5-00 p.m. And took Khalid Iqbal on the pretext that a customer had come to the factory to place an order. Khalid Iqbal accompanied him to the factory but he did not return at night time and thereafter the complainant went out to search for him. He found the factory locked. Then he visited he house of the appellant but the appellant was also not available. He continued his search for the deceased and finally on 9-2-1992 he presented an application for registration of the case which is in his hand and signed him.
5. The motive as stated is that the appellant worked as a labourer since the last three years in the said factory. He had been stealing steel from this factory and had been reprimanded by the deceased and also threatened the appellant that he would get him arrested for such conduct. A week prior to the present incident the appellant again committed theft of steel upon which the deceased took him to task and demanded the return of Rs,5,000 which had been taken as advance by the appellant.
6. On 9-2-1992 Muhammad Bashir P.W. 3 and Dr. Taj Din P.W. 4 produced the appellant after he had made extra-judicial confession before them before the police at Chowk Dhullay at 2-00 p.m. The investigating Officer P.W.14 arrested the accused.
7. On 9-2-1992 the appellant was interrogated and he made disclosures and thereafter, he led the police to the factory of the deceased and pointed out the place where he had buried the deceased. The earth was dug up and the dead body of Khalid Iqbal deceased was recovered and it was found that the legs and arms were amputated and missing. Thereafter, Zulfiqar appellant while in police custody led the police to Ganda Nala from where he got recovered two legs and two arms belonging to the dead body. The dead body, amputated legs and arms were taken into possession vide memo. Exh.P.D. In the presence of Muhammad Ishaq P.W.7 by the investigating Officer P.W.14 and Bashir Ahmed P.W. Was given up. Thereafter, the injury statement Exh.P.K. And the inquest report Exh. P. L. Were prepared and the dead body was despatched for post-mortem examination. On 16-2-1992 the appellant while in police custody led the police to his house and from the Darba of pigeon he got recovered blood-stained Kassi Exh. P.1 and Rado wrist-watch Exh.P.2 which were taken into possession vide memo. Exh.P.A. Which were attested by Haji Muhammad Anwar, P.W.3, Investigating Officer P.W.14 and Inttiaz Ali was given up. The Exh.P.2 was identified by the complainant as belonging to the deceased. On 19-2-1992 while in police custody the appellant led the police to Ganda Nala and from the adjoining northern wall of Noman Engineering Works he dug up and got recovered pistol Exh.P.3 and four bullets Exh.P-4/1-4. They were made into a sealed parcel and taken into possession vide memo. Exh.P.C. Which was signed by Muhammad Ashraf P.W.6, Investigating Officer P.W.14 and Aman Ullah was given up.
8. On 10-2-1992 Dr. Anjum Javed Sindhu P.W.9 performed the autopsy on the dead body of Khalid Iqbal at 10-30 a.m. And found the following injuries:---
(1) A fire-arm lacerated wound, a wound of entry 3/4 c.m. x 3/4 c.m. x going deep with inverted margins left side of head 2 c.m. Above left ear alongwith an outlet wound 1 c.m. x 1 c.m. Right side of head 3 c.m. Above right ear.
(2) Incised wound 14 x 1 c.m. x bone deep right eye-brow.
(3) Incised wound 2 c.m. x 1 c.m. x bone deep middle of foreliead underline bone was fractured.
(4) Incised wound 6 c.m. x 2 c.m. x bone deep on chin more on left side alongwith fracture of underline bone.
(5) Incised wound 6 c.m. x 1/2 c.m, x bone deep on left cheek.
(6) Multiple incised wound of different size are seen central part of forehead and bridge of nose and the area is depressed downward.
(7) Right leg was amputated at lower thigh level 30 c.m. Below right iliac crest.
(8) Left leg was amputated at lower thigh level.
(9) Both right and left arms were amputated at shoulder-joint level.
' The death in his opinion occurred due to haemorrhage and shock under injury No,1 which was sufficient in ordinary course of nature to cause death. The time between injuries and death was immediate while that between death and post-mortem was 5 to 10 days. He further opined that injury No,1 was caused by fire-arm while the rest of injuries were caused by heavy sharp-edged weapon. Injury No,1 was ante-mortem while the remaining injuries were postmortem.
9. The prosecution produced 14 witnesses to prove the charge. The report of the Chemical Examiner Exh.P.M., report of the Serologist Exh.P.O. And the report of the Forensic Science Laboratory Exh.P.N.
Were tendered in evidence. The accused was examined under section 342, Cr.P.C. And he has stated as under:--- "Due to enmity with the P.Ws. Rashid complainant was inimical towards me over a dispute regarding purchase of site underneath his factory. Other P.Ws. Are close relatives of complainant.
He had also threatened me of dire consequences over the land in dispute and has falsely involved me in this case."
' He did not produce any defence evidence nor did he opt to appear as his own witness as required under section 340(2), Cr.P.C. To disprove the charge and allegations levelled against him. Believing the prosecution case he was convicted as above.
10. I have with the assistance of the learned counsel for the appellant perused the entire evidence recorded and also scanned the record of the case. The learned counsel for the State has also been heard at length who has supported the judgment and prays that the conviction and the sentence be upheld.
11. Faiz-ur-Rehman P.W.11 is a witness who is not related to the deceased or the complainant party and it was in his presence that the deceased was taken by the appellant on a pretext and thereafter, the deceased was not found alive. Muhammad Bashir P.W.3 and Dr. Taj Din P.W.4 are not doubt relatives of the complainant. It was before them that the appellant made an extra-judicial confession and it was these witnesses who produced him before the Investigating Officer on 9-2- 1992. Muhammad Ishaq P.W.7 is also related being brother of Dr. Taj Din P.W.4 and he witnessed the recovery of the amputated dead body and the burnt legs and arms of the deceased at the instance of the accused. This recovery is corroborated by the medical evidence where the doctor has stated that the dead body carried incised wounds and the legs and arms had been cut-off and the legs and arms were so found separately. Haji Muhammad Anwar P.W.2 is also related to the complainant party and it was in his presence that the wrist-watch belonging to the deceased was recovered at the instance of the accused and the blood-stained Kassi found stained with human blood was also recovered. Muhammad Ashraf P.W.6 is also related to the deceased and he witnessed the recovery of pistol Exh.P.3 at the instance of the accused. Though no crime-empty was recovered from the place of occurrence yet the medical evidence shows that the deceased was murdered as a result of firearm injury.
12. The accused/appellant has made a wild statement in the air which is neither substantiated from the record nor has he led any evidence to establish his plea. The witnesses have no motive or enmity to falsely implicate the appellant in the said case. The recoveries were affected on his pointation from the places which were exclusively in his knowledge and no material has been brought on file to discredit the testimony of the prosecution witnesses. Mere relationship would not discredit the testimony of the witnesses. The deceased was done to death and his dead body was deliberately mutilated and disfigured and it was so found after recovery by the doctor at the time of post-mortem examination. It has been abundantly proved on record that the appellant was a labourer working in the factory run by the deceased. Though no theft case had yet been registered against him but still there is evidence to believe that the appellant was reprimanded for such a conduct. The learned Trial Court has also keeping in view his tender age dealt with him leniently.
There is no substance or force in the said appeal and it is accordingly dismissed. However, the appellant was not awarded the benefit of section 382-B, Cr.P.C. Which is directed to be given tol A him as required under the law.