' This statutory appeal under section 410, Cr.P.C. Has been filed by Muhammad Amir son of Ghulam Sarwar who was convicted for offence under section 302(b), P.P.C. And sentenced to imprisonment for life vide judgment, dated 14-4-1997 passed by Additional Sessions Judge, Khushab.
2. Criminal case F.I.R. No,67 of 1995, dated 31-7-1995 (Exh.P.F.) was registered at Police Station Kattha Sagral, under section 302, P.P.C. On the statement made by Muhammad Khan. Muhammad Khan was resident of village Nalli Shamali and was employed in. Army. On the day of occurrence, he was availing two months leave. According to the complainant, he alongwith his father, Muhammad Sharif, was going from their home to the house of Haq Nawaz son of Sahib Khan for inquiring about tractor. At about 8-00 a.m. They reached near the house of Muhammad lqbal son of Sarfraz Khan, when all of a sudden Amir son of Sarwar accused armed with shot-gun came out from the street.
He shouted that he would teach Muhammad Sharif a lesson for restraining him from passing by the house of Muhammad Feroze, brother of Muhammad Sharif, an uncle of the complainant.
Ghulam Muhammad and Muhammad Nawaz who were passing by also reached the spot. In their presence Ameer fired at Muhammad Sharif. The shot hit him on the left side of his chest and on his right elbow. Muhammad Sharif fell down and died at the spot.
3. According to the complainant, Muhammad Ameer used to visit house of Muhammad Feroze, brother of the deceased and due to bad habits of the accused, he was forbidden from doing so, and quarrel between the parties had taken place about 15 days before the incident. It was alleged that Muhammad Ameer nourished grudge and for that reason he committed intentional murder of Muhammad Sharif.
4, Muhammad Ashraf, S.-I., P.W.9, S.H.O., Police Station Kattha Sagral recorded F.I.R. Exh.P.F. And went to place of occurrence. He prepared injury statement Exh.P.B., inquest report Exh.P.C. And collected blood-stained earth and one spent .12 bore cartridges from the place of occurrence. He also prepared plan without scale of the scene of occurrence. Exh.P.J. And sent the dead body for post- mortem examination.
5. After due investigation, the accused was found guilty and was sent up to face trial in the Court of Additional Sessions Judge, Khushab.
6. Dr. Maqbool Hussain, P.W.3 Medical Officer conducted post-mortem examination on the dead body of Muhammad Sharif at 2-30 p.m. On 31-7-1995 and noted the following injuries on the dead body:-- Injuries
(1) A lacerated wound 6 x 4.5 c.m. On the posterior aspect of left forearm, 8 c.m. Above the wrist joint, margins were blackened and inverted. It was wound of entry. Under lying bones that is radius and ulna were crushed into pieces and were visible from the wound.
(2) A lacerated wound on the anterior aspect of left fore-arm 9 x 6 c.m. Margins were everted, it was wound of exit of injury No,l.
(3) Eight circular wound each measuring 1 x 1 c.m. On the left side of interior chest wall out of them three were 3 c.m. About the left nipple, out of which one pellet was detected on the skin and was sealed separately. Margins of all wounds were inverted. This is wound of entry after exit from fore arm.
(4) A superficial wound of burn 3 x 2 c.m. On left interior chest wall 6 c.m. Above the nipple.
' The injuries were declared to be ante-mortem and caused by firearm. Injury No,3 was declared to be fatal and sufficient to cause death in the ordinary course of nature. The Medical Officer tendered post-mortem examination report Exh.P.A. And body outline Exh.P.A./1.
7. Muhammad Jaffar, Head Constable, P.W.1, Muhammad Hayat Constable P.W.2, Ata Muhammad, M.H.C., P.W.4 and Abdul Qayyum, Constable P.W.6 are formal police witnesses. Muhammad Saleem, Draftsman P.W.5 prepared site plan Exhs.P.D. And P.D./1.
8. Muhammad Khan P.W.7, the complainant, proved contents of F.I.R. Exh.P.F. Ghulam Muhammad P.W.8 corroborated the testimony of Muhammad Khan complainant. Muhammad Ashraf, the Investigating Officer, P.W.9 carried out the investigation and testified about it.
9. Muhammad Amir accused in his statement under section 342, Cr.P.C. Claimed that it was an unseen occurrence and the deceased had a number of enemies and that he was implicated in the case on account of enmity only.
10. The trial Court believed the ocular account of the incident provided by Muhammad Khan P.W.7 and Ghulam Muhammad P.W.8 which according to the trial Court was supported by medical evidence and the evidence of recoveries and convicted Muhammad Amir for offence under section 302(b), P.P.C. Vide judgment, dated 14-4-1997 and sentenced him to imprisonment for life.
The convict-accused was directed to pay compensation amounting to Rs,30,000 to legal heirs of the deceased. In case of default in payment of compensation, the convict was to undergo six months rigorous imprisonment further.
11. The convict appealed. The complainant also filed Criminal Revision No,171 of 1997. Learned counsel for the parties have been heard today.
12. Learned counsel for the appellant strenuously argued that the occurrence had taken place during night and nobody had seen the incident and the appellant on account of certain bickering or suspicion which lurked in the mind of the complainant was implicated in the case. It was submitted that the appellant could not have waylaid Muhammad Sharif nor there was any occasion for the complainant or Ghulam Muhammad P.W.8 to have accompanied him or to have seen the incident. It was also submitted with reference to certain parts of testimonies of P.Ws.7 and 8 that the accused had certain other enemies as well and that he in all probability was done to death by someone of those enemies. It was submitted that the case against the appellant was not free from doubt, and the appellant deserved acquittal. Learned counsel for the complainant on the other hand submitted that the case against the appellant was effectively proved at trial and maximum sentence of death ought to have been imposed on him.
13. The occurrence in this case had taken place at about 8-00 a.m. As claimed by the prosecution.
The post-mortem examination on the dead body was carried out at about 2-30 p.m. This indicated that the first information report in the case was recorded promptly. The Investigating Officer had gone to the village; had started investigation and had despatched the body to Civil Hospital well in time. These factors show that the first information in the case was lodged promptly and no premeditation had gone into making up the story which subsequently, was reduced into writing in the form of First Information Report Exh. P. F. - 14. The medical evidence revealed that the stomach of the deceased contained liquid food which is fair indication of the fact that the occurrence had taken place after the deceased had taken breakfast. In case the occurrence had taken place during night, the stomach of the deceased ought to have been noticed by the Medical Officer as being empty. The contention raised on behalf of the appellant that the incident had taken place during the night, therefore, is not supported by any circumstance existing on record.
15. The occurrence had taken place in the middle of the village after sun rise. Presence of P.W.7 or that of Ghulam Muhammad P.W.8 could not be ruled out. It was quite probable, unless the defence was able to show that these witnesses could not have been present at the spot. The claim of the appellant that they were not the witnesses of the incident, therefore, cannot be given weight to. The appellant is the sole accused in the case. No circumstance has been pointed out by the learned counsel for the appellant which would show that the complainant or Ghulam Muhammad P.W.8 had any reason to let off real assailant or to have substituted the appellant in the case.
16. Prosecution case against the appellant-convict was duly established at trial and he was rightly found guilty for murder of Muhammad Sharif, father of the complainant. The sentence awarded to the appellant in the facts and circumstances of the case has been found to be proper and justifiable one, and the impugned judgment does not call for any interference in that contents either. The appeal as well as the revision petition stand dismissed.