Instant appeal is directed against the judgment, dated 22-11-1997 passed by Malik Muhammad Aslam Jawad, Additional Sessions Judge, Gujjar Khan, whereby he convicted the appellant under section 302, P.P.C. And sentenced him to imprisonment for life and also to pay Rs,1,00,000 as compensation to the legal heirs of the deceased or in default thereof to further undergo RI for six months. He was, however, extended benefit of section 382-B, Cr.P.C.
2. Prosecution case as unfolded in the complaint Exh.P.A. Lodged at the instance of Shamim Akram (P.W.8), a real brother of the deceased Naseem Ishfaq Ahmad, is that on 24-4-1995, he alongwith his brother Naseem Ishfaq Ahmad and mother Mst. Said Begum were present in front of their house. Mst. Raj Begum wife of Riasat Khan, resident of the same village, arrived in front of their house and started exchanging hot words with his mother. Upon this, his brother Naseem Ishfaq Ahmad also replied in the same coin to Mst. Raj Begum. On their hue and cry, his brother Muhammad Asad and Mst. Musarrat. Naseem, wife of Naseem Ishfaq Ahmad, came out of the house. In the meanwhile, Riasat Khan son of Naik Muhammad accused (husband of Mst. Raj Begum) who was present at some distance and was hearing abuses of Naseem Ishfaq Ahmad, went to his house and returned with a .12 bore gun. He (accused Riasat Khan) raised a Lalkara to Naseem Ishfaq Ahmad that as he has abused his wife, so he will not leave him alive. The accused then fired with his gun which hit Naseem Ishfaq Ahmad on his abdomen, umbilicus and on both thighs. On receipt of fire-arm injuries, Naseem Ishfaq Ahmad fell down. He (complainant) alongwith Muhammad Asad removed the injured to Civil Hospital, Gujjar Khan, where he succumbed to the injuries. He left Muhammad Asad, Mst. Said Begum and Mst. Musarrat Naseem to guard the dead body and made for lodging the report to police station.
3. Khan Muhammad, S.-I. (P.W.10) was present at G.T. Road Chowk alongwith other officials on 24- 4-1995 at 5-30 p.m. On the statement of Shamim Akram, he recorded complaint Exh.P.A. And sent the same to police station through Muhammad Ashraf constable for formal registration of F.I.R. He then made for Tehsil Headquarters Hospital, Gujjar Khan, where the dead body of Naseem Ishfaq Ahmad was lying. He prepared statement of injuries Exh.P.B. And inquest report Exh.P.D. He despatched the dead body through Naseer Ahmad, Constable for post-mortem examination and also recorded the statements of witnesses over there. Later on, Naseer Ahmad constable produced last-worn blood-stained clothes of the deceased P.3 to P.5 and a parcel P.6 containing pellets which he secured. On 1-5-1995, he arrested the accused, who on 2-5-1995 made disclosure regarding gun P.2 used in the commission of offence and consequently, led to its recovery, which he secured vide memo. Exh.P.H. He also prepared site plan of place of recovery Exh.P.H./1 and handed over parcel containing gun P.2 to Moharrir for onwards transmission to the Forensic Science Laboratory which was accordingly done. After completing investigation, he got the accused challaned. .
4. A charge under section 302, P.P.C. Was framed against the accused to which he pleaded not guilty and claimed trial.
5. In order to bring home guilt to the accused, prosecution examined P.W.1 Mehmood Ahmad, Constable who deposed that on 25-4-1995 he was given two sealed parcels consisting of blood- stained earth and empty for onwards transmission to the office of Chemical Examiner and Forensic Science Laboratory and that on 4-5-1995, he was again given one parcel containing gun for onwards transmission to the office of Forensic Science Laboratory which he delivered there intact.
Allah Ditta Moharrir A.S.-I. (P.W.2) deposed that on 24-4-1995, he drafted formal F.I.R. Exh.P.A./1 on the basis of complaint Exh.P.A. On the same day, he further deposed, Khan Muhammad, S.-I. Gave him parcels containing blood-stained earth as well as empty. On 25-4-1995, he delivered the said parcels to Mehmood Ahmad, Constable for onwards adansmission in the offices of Chemical Examiner as well as Forensic Science 1 aboratory. On 2-5-1995, he was again handed over one sealed parcel by Khan Muhammad, S.-I. Containing .12 bore gun for keeping the same in safe custody. On 4-5-1995, he.Delivered the said parcel to Mahmood Ahmad, Constable for onwards transmission to the Forensic Science Laboratory. Dr. Mirza Muhammad Yaqub (P.W.3) conducted postmortem examination of Naseem Ishfaq Ahmad deceased on 24-4-1995 at 5-45 p.m. And found the following injuries on his person:--
(1) Fire-arm wound of entry over left umbilical area, 7 c.m. Lateral to the umbilicus, margins inverted, blackening present and measuring 1 c.m. x 1 c.m., and corresponding holes were present in the clothes.
(2) Fire-arm wound of entry below the umbilicus, 7 c.m. Umbilicus, margin inverted blackening present, measuring 1 x 1 c.m. And corresponding holes in the clothes were present.
(3) Fire-arm wound of entry on right lumber area, 5 c.m. Lateral to the injury No,2, measuring 1 c.m. x 1 c.m., margins inverted, blackening present and corresponding holes in the clothes were present.
(4) Fire-arm wound of entry, 5 c.m. Below the left interior superior illiac, spine; measuring 1 x 1 c.m., margins inverted blackening and corresponding holes in the clothes were present.
(5) Fire-arm wound of entry on the right side of the root of the penis, measuring 1 c.m. x 1 c.m., blackening present, margins inverted, corresponding holes in the clothes were present.
(6) Fire-arm wound of entry on anterior surface of upper 1/4th of right thigh, measuring 1 c.m. x 1 c.m., margins inverted, blackening and corresponding holes in the clothes were present.
(7) Fire-arm wound of entry on the anterio lateral surface of left thigh over upper 1/4th, measuring 1 c.m. x 1 c.m., margins inverted, blackening and corresponding holes in the clothes were present.
(8) Fire-arm wound of entry on the mid of interior surface of left thigh, margins inverted, measuring 1 c.m. x 1 c.m., blackening and corresponding holes in the clothes were present. There was also fracture of left femar.
(9) Fire-arm wound of exit over posterior lateral aspect of left buttock measuring 1 c.m. x 1 c.m.
Margins everted, and corresponding holes in the clothes present.
(10) Fire-arm wound of exit over the left renial area, 3 c.m. On the mid line measuring. 1 x 1 c.m.
Margins everted and corresponding holes in the clothes were present.
In his opinion, cause of death was haemorrhage (intra-abdominal and pelivis) and shock, 'resulted by injuries Nos.1 to 10 collectively, which was sufficient to cause death in the ordinary course of nature. All the injuries were ante-mortem and were caused by fire-arm. He issued post-mortem examination report Exhs.P.C. And P.C./1 is the pictorial diagram of injuries. He also produced inquest report Exh.P.D. Muhammad Ashraf (P.W.4) visited the place of occurrence on 1-5-1995 and prepared site plans Exh.P.E. Which he delivered to the Investigating Officer. Muhammad Ayub (P.W.5) is father of the deceased who on 24-4-1995 identified the dead body of his son Naseem Ishfaq Ahmad at the time of post-mortem examination. Gustasab Khan (P.W.6) is a witness of recovery of empty P.1 which was secured on 24-4-1995 vide memo. Exh.P.F. Nseem Ishfaq son of Muhammad Ayub (P.W.7) is a witness of blood-stained earth which was secured on 24-4-1995 vide memo. Exh.P.G. Which bears his signatures. Shamim Akram (P.W.8) is complainant and has corroborated his version appearing in complaint Exh.P.A., which bears his signatures. He further deposed that on 2-5-1995, accused led to the recovery of .12 bore gun P.2 which was secured vide memo. Exh.P.H. Which bears his signatures. Mst. Musarrat Nasim (P.W.9) is the widow of deceased Naseem Ishfaq Ahmad and has corroborated the prosecution version appearing in complaint Exh.P.A. And unfolded by P.W.B. Khan Muhammad, S.-I. (P.W.10) is the Investigating Officer, whose evidence has already been discussed above. The learned D.D.A. Produced report of Forensic Science Laboratory Exh.P.L. Report of Chemical Examiner Exh.P.J. And report of Serologist Exh.P.K. And then closed the case for prosecution vide his statement, dated 7-7-1997.
6. When examined under section 342, Cr.P.C., the accused denied the prosecution version and stated that the alleged gun P.2 is his licensed gun and the same was taken from his house while he was in custody. He denied the prosecution version regarding causing intentional murder of the deceased and in reply to question No,8 as to why the P.Ws. Had deposed against him and why case had been registered against him, stated as follows:-- "As a matter of fact Naseem Ishfaq deceased had two wives and after both these marriages there remained constant disputes between his wives and parents and brothers, and I had been intervening the matters and was sided with the deceased Naseem Ishfaq and his wives against his parents and brothers whose attitude was not good. On the fateful day, there ensued an altercation between Naseem Ishfaq deceased on one side and his brother Shamim Akram and his father Muhammad Ayub on the other side and due to said altercation, they both fired at the deceased and inflicted fire-arm injuries on his person to which he succumbed later on. After his death, the complainant party concocted this false story of exchange of abuses with the connivance of the police between my wife and the mother, brother and deceased with a motive to involve me falsely in this case due to abovesaid grudge and grievance. I never fired at the deceased. As a matter of fact, I used to help the deceased due to my near relationship whenever there was altercation between the deceased and his parents and brothers for which his parents and brothers nourished grudge against me. For this reason I have been involved falsely in this case. However, the gun is my licensed one. It was taken by the police from my house and later on planted it against me falsely just to strengthen the case of prosecution. When I was in the custody of the police. I was not present at the spot at the time of occurrence. I am an old man of more than 75 years of age with week health and infirmity and suffering from heart and exzema."
' He further stated that the deceased was grandson of his real elder brother and as such he could not think of committing his intentional murder. He, however, chose neither to produce defence evidence nor to record his statement under section' 340(2), Cr.P.C. He, however, produced attested copy of his national identity card Exh.D.A. And closed his defence evidence.
7. After going through the evidence produced by the prosecution, the trial Court convicted the accused/appellant vide judgment under appeal, which has been preferred through jail.
8. Arguments have been heard and record perused.
9. The accused/appellant stands charged under section 302, P.P.C. For committing intentional murder of Naseem Ishfaq Ahmad. As per complaint Exh.P.A., the stand of the prosecution is that while Mst. Raj Begum was abusing mother of the deceased, he (deceased) also hurled abuses upon Mst. Raj Begum and at that time, the accused/appellant was standing at some distance.
Hearing abuses being hurled upon his wife, he went to his house, returned with a .12 bore gun and consequently, fired at the deceased resulting into his death. To prove its case, the prosecution has examined as many as 10 P.Ws., out of whom P.Ws.8 Shamim Akram and P.W.9 Mst. Musarrat Naseem are the eye-witnesses. P.W.8 Shamim Akram is brother of the deceased whereas Mst.
Musarrat Naseem P.W.9 is widow of the deceased. Both P.Ws. 8 and 9 have corroborated the prosecution version in all respects. They were cross-examined at length but no material contradictions have been brought on record by the learned counsel for the defence. To substantiate their statements, prosecution has also examined P.W.3 Dr. Mirza Muhammad Yaqub who conducted the post-mortem examination of the deceased on 24-4-1995 and found as many as 10 injuries by fire-arm one his person. It is evident from his deposition that death had occurred as a result of collective effect of injuries Nos.1 to 10 which were sufficient to cause death in the ordinary course of nature. Prosecution has also brought on record evidence of recovery of one empty P.1 which was secured from the place of occurrence vide memo. Exh.P.F. The said parcel of recovery of empty was handed over to Allah Ditta Moharrir A.S.-I. By Khan Muhammad S.-I. On 24- 4-1995. This very parcel containing empty was handed over by Allah Ditta Moharrir A.S.-I. (P.W.2) to Mahmood Ahmad Constable (P.W.1) for onwards transmission to the office of Forensic Science Laboratory, Lahore. Prosecution has also brought on record report of Forensic Science Laboratory Exh.P.I. Which clearly shows that empty P.1 had been fired from gun P.2 which was secured on 2-5- 1995 at the instance of the accused and was taken into possession vide memo. Exh.P.H. The said parcel was handed over to Allah Ditta Moharrir, A.S.-I. On the, same day who sent the same to Forensic. Science Laboratory on 4-5-1995 through Mahmood Ahmad Constable P.W.1.
10. Conversely, the stand of defence is that murder of the deceased was not committed by the accused/appellant but the deceased died as a result of fire-arm injuries of his brother and father who were not happy over his second marriage. This defence does not appeal to reason, particularly in view of the fact that parties are closely related to each other and occurrence has taken place in broad daylight and there is no question of false implication as well as of substitution.
It does not stand to reason that a real brother and real for the intentional murder of the deceased mother will leave the real culprit and involve or substitute the accused falsely
11. In the light of facts narrated above, it is proved beyond any shadow of doubt that the accused/appellant is responsible for causing the intentional murder of the deceased and has been convicted and sentenced in accordance with law. There is no force in this appeal and the same is hereby dismissed.