' SH. GHULAM SARWAR J.---Story of woe, an narrated and unfolded in statement Exh.PA made by P.W.2 Ghulam Nabi complainant, before P.W.13 Muhammad Saleem, Sub-Inspector Police Station Shad Bagh, Lahore, in Emergency Ward, Mayo Hospital, Lahore, where he had gone on receipt of report No,10 Exh.PG, while on patrol duty at Chowk Tokay Wala, at about 4-00 p.m. On 11th September, 1990, is to the effect, that on eventful and fateful day at 2.00 p.m. When he (complainant) reached near the shop of "Curd and Milk" being run by his sons Muhammad Suleman alias Sahib and Nazir Ahmad situated in Madina Chowk Chohan Colony, Bhaghatpura, Lahore, Nazir Ahmad came running to him and spurted out news of quarrel between Muhammad Suleman alias Sahib and Azeem alias Babbi appellant in the adjoining shop of Muhammad Javed Butt. He rushed there and saw that Azeem alias Babbi was causing chhuri blows to Muhammad Suleman alias Sahib his son. Within view and sight of complainant and his son, Nazir Ahmad, two blows were inflicted on right and left side of chest of Muhammad Suleman, who, then fell down on the ground, and two more blows were caused on back side of his chest. Appellant then decamped brandishing his chhuri. Besides the complainant and his son Nazir Ahmad, occurrence was witnessed by Javed S/o Muhammad Sarwar and Muhammad Suleman S/o Muhammad Ali.
2. Injured was removed to Mayo Hospital by his brother, Nazir Ahmed, where he was apprised of sad demise of his son Muhammad Suleman, who, by then, had succumbed to his injuries.
3. Motive behind the commission of heinous crime was removal of obstacle in the course of illicit liaison and amatorial ties between appellant and daughter of Muhammad Din Hotel Wala and for which, he had been forbidden and objected to by Muhammad Suleman alias Sahib, deceased, who, too was on visiting terms with Muhammad Din Hotel Wala.
4. After recording statement Exh. PA, upon which formal F.I.R. Ex.PA/1 Exh.PA/1 was drawn by P.W.10 Muhammad Ashraf Head Constable No,7527, Investigating Officer, prepared injury statement Exh.PI and inquest report Exh.PF and despatched the dead body to morgue for autopsy. Then he proceeded to place of occurrence inspected the spot, prepared rough site-plan Exh.PJ, thereof, collected blood stained earth, made it into sealed parcel and took the same into possession by means of recovery memo. Exh.PD; recorded statements under section 161; Cr.P.C. Of witnesses. He searched for the accused, but, cold not find him.
5. On 12-9-1990, last worn cloths Shalwar P 2 Shirt P 3 and Vest P 4, all blood-stained, of deceased were produced before him by P.W.8 Muhammad Afzal and Muhammad Amjad Constable. Same were taken into possession 'vide recovery memo. Exh. PE. Statements under section 161, Cr.P.C. Of witnesses were also taken down.
6. After about a week, on 21-9-1990, appellant, taken into custody on 17-9-1990, led to the recovery of chhuri P1, which, was taken into possession through memo. Exh.PB, duly attested by P.W.12 Jaffer Hussain a witness of recovery. Separate complaint under section 13 of Arms Ordinance was drafted against the appellant. Rough/Site plan Exh.PB/1 of place of recovery of chhuri P1 was also prepared.
Statement of witnesses were also recorded and upon completion of investigation, during which site plan Exh. PC and Exh.PC/1 were also got prepared from Syed Abdur Rehman P.W.4 and sealed parcels were transmitted to the office of Chemical Examiner, final report under section 173, Cr.P.C.
Was submitted against the appellant, who, pleaded not guilty to the charge under section 302, P.P.C. And claimed trial.
7. As P.W.2 Ghulam Nabi complainant/father of deceased reiterated and re-affirmed his version embodied in Exh.PA. Ocular account stands furnished by P.W.5 Muhammad Javed and Muhammad Suleman P.W.7, P.W.3 Muhammad Nasir alias Nasir and P.W.6 Muhammad Nazar Dar are witnesses of recovery of chhuri P1, at the instance of appellant/accused and of securing blood-stained earth respectively, P.W.9 Rashid Ahmad identified the dead body at the time of post-mortem examination, which was conducted by Dr. Misbah-ul-Islam Farooqi, who, having proceeded abroad on two years Ex-Pakistan leave, such report Exh.PK and pictorial diagram Exh.PKI and Exh/PK II were proved by Muhammad Shah Record Keeper P.W. 15 being well-conversant with the signatures and hand writing of the Medical Officer. P.W.13 Muhammad Saleem enumerated various steps of investigation carried out by him. P.W.14 Dr.Abbas Ali had issued death, certificate Exh.PH.
Rest are formal witnesses. Report of an Chemical Examiner and that of Serologist find a mention on file as Exh.PL, Exh.PM, Exh.PN and Exh.PO.
8. In his statement under section 342, Cr.P.C. Appellant denied all the incriminatory circumstances figuring against him in prosecution evidence professed innocence and alleged false implication due to enmity with Muhammad Din Hotel Wala and relations of prosecution witnesses with the complainant. Neither he opted to appear as his own witness to disprove the allegations levelled against him as envisaged by section 340(2), Cr.P.C. Nor led any evidence in defence.
9. Upon culmination of trial, appellant was found and adjudged guilty of the offence, with which he was charged, convicted and sentenced to imprisonment for life with fine ofRs,50,000, in default whereof, to suffer R.I. For a further term of five years. It was further directed that if fine is recovered and realized, half of it shall be paid to legal heirs of deceased as compensation under section 544- A, Cr.P.C. Benefit of provisions of section 382-B, Cr.P.C. Stands extended to him.
10. Such verdict delivered on 17-3-1992 by Mr. Gulshad Hassan Alvi, Additional Sessions Judge, Lahore, has been challenged and assailed in instant Criminal Appeal No,99/J of 1992 while Criminal Revision No,484 of 1992 resorted to by complainant seeks enhancement of sentence, describing the incident to be gruesome and cold blooded murder.
11. We propose to dispose, both of it, together by this single judgment.
12. Conviction and sentence to appellant has not been hotly disputed by learned counsel representing the appellant. However, prayer for enhancement of sentence has been opposed and resisted tooth and nail.
13. Scanning of record reveals that no animosity or rancour of prosecution witnesses with the appellant has even been suggested or hinted at. Mere fact that deceased was tenant of P.W.5, and the other belongs to Baradri of complainant, are by itself, totally unsufficient to discredit their testimony, which, not only inspires confidence, but also, has not been shaken any way. One of them being shopkeeper of venue of incident and the other a customer are manifestly natural witnesses and, in no way, can be termed to be interested witnesses. It was broad daylight occurrence and question of mistaken identity does not arise at all. As regards substitution, suffice it to say, that screening of real culprit, particularly by the father cannot even be imagined in the circumstances of instant case. Not a single factor to impair prosecution case, is borne or spelled out. Rather it stands proved to the hilt by ocular account duly corroborated by Medical Evidence, and other attending circumstances. Even investigation cannot be taken to be faulty or perfunctory on any count.
14. Through connected revision, enhancement of sentence has been urgued on the plea that motive cannot be taken to be shrouded in mystery and the same stands proved in an unambiguous terms on the basis of testimony of P.W.2, P.W.7 and P.W.13, incident was one sided affairs deceased, suffered as many as four injuries, out of which, injuries Nos.1 and 2 were sufficient to cause death individually as well as collectively, and when an unarmed person is attacked with formidable weapon and injuries are repeated, no raise, for awarding lesser punishment is made out.
15. But there can be no cavil with the proposition that motive is connected with third person namely, Muhammad Din Hotel Wala, who, was neither associated with the investigation of this case nor any step was seemingly taken to probe truth or falsity of the same, inasmuch as neither Muhammad Din Hotel Wala was produced nor his daughter, the bone of contention, was brought forth. In these circumstances, there can be no escape from the conclusion that the data B on record, regarding motive is neither sufficient or convincing nor cogent to unveil the same. Even otherwise, it is not clear as to how the deceased happened to go to the shop, where, the dispute had taken place. Even no material is available to un-earth the origin of the brawl. Seemingly, the deceased had gone to the shop where the appellant happened to be present and an altercation leading to the incident at the moment cannot be ruled out.
16. Be that as it may, occurrence can, in no way, be taken to be result of pre-meditation and arranged affair. In these circumstances, sentence awarded to the appellant is not only justified, but also, apt as imposition of extreme penalty in wake thereof is hardly called for. Hence, the claim put forth by the petitioner is not only devoid of force and substance but also pales into significance in the circumstances and aspects enumerated above.
17. As a sequel thereto, both appeal and revision merit dismissal and are hereby dismissed.