1. ' KHAWAJA MUHAMMAD SHARIF, J.---This judgment will dispose of Criminal Appeal No,163 of 1998 filed by Bashir Ahmad alias Bushri, appellant, who was convicted under section 302 (b), P.P.C. And sentenced to death plus compensation of Rs,80,000 to be paid to the legal heirs of the deceased, in default six months' S.I. By the learned Sessions Judge, Pakpattan Sharif vide his judgment, dated 27-4-1998. Murder Reference No,145 of 1998 for confirmation of the death sentence or otherwise shall also be disposed of through this single judgment.
2. Occurrence in this case had taken place at 2-00 p.m. On 5-4-1994 at a distance of 3 k.Ms from Police Station City, Pakpattan Sharif while the matter was reported to the police by Rashid Ahmad through complaint Exh.P.A. At 2-30 p.m. On the same day and the formal F.I.R. Exh.P.A/1 was recorded by Muhammad Ijaz Head Constable.
3. Brief facts of the case are that on 5-9-1994 at about 2-00 p.m. When Abdul Waheed alias Goodu (dece ased) alongwith Riaz Qadeer and Athar Mahmood were in front of District Headquarter Hospital, in their Jeep which was being driven by Abdul Waheed, having come from their village Mota for urgent piece of work at Tehsil Pakpattan and when they reached in front of the quarters of the employees of the Hospital, all of a sudden a Suzuki Car white colour emerged in front of them.
2. The Suzuki car was being driven by Muhammad Essa while Abdul Razzaq was sitting alongwith him whereas, Bashir was sitting on the rear seat of the car. Bashir gave indication to stop the Jeep.
3. Abdul Waheed slowed down the speed and Muhammad Essa who was driving the. Car tried to stop his car in front of the Jeep when in the meanwhile. Bashir armed with pistol got down from the car when Essa and Abdul Razzaq alighting from the car raised lalkara that the enemy was in their control, therefore, should not be spared. Consequently, Bashir fired at Waheed from behind which went through and through from the backside. The Jeep fell down in the drain and Abdul Waheed bent down on his seat. Abdul Razzaq and Muhammad Essa went to the deceased and after shaking him said that there was no need of other fire shot because the enemy had been finished, thereafter, all the accused in the same Suzuki car went towards the south. Abdul Waheed succumbed to the injuries at the spot.
4. ' Motive alleged was that wife of Muhammad Rafique, sister-in-law of Abdul Razzaq maternal niece of Bashir and real sister of Muhammad Essa whose suit for dissolution of marriage had been decreed was abducted by Muhammad Rafique a few days prior to occurrence but the accused had grievances that Abdul Waheed brother-in-law of Muhammad Rafique, aforesaid, was helping hand of the accused, in the abduction case and that they had suspicion that Abdul Waheed was instrumental in that abduction case.
5. ' After registration of the formal F.I.R. Qasim Ali Shah, S.I. C.W-2 proceeded to Civil Hospital Pakpattan Sharif, prepared injury statement Ex.C.W.7/1, inquest report Exh.C.W.7/2, took into possession blood-stained earth vide memo. P.C., last worn-clothes of the deceased were taken into possession vide memo Exh.P.F, the investigation was then taken over by Muhammad Afzal Inspector C.W.3, he on 26-4-1994 arrested Muhammad Essa and Abdul Razzaq, on 19-7-1994, 30 bore pistol recovered on the pointation of Bashir was taken into possession vide memo Exh.P.G., thereafter, Rana Muhammad Akram, D.S.P. C.W. 4 conducted the investigation, he found Razzaq and Essa innocent, while Rasheed was held to be guilty, challan was submitted only against Bashir Ahmad, being dissatisfied with the police investigation, Rashid Ahmad filed a private complaint under section 302/34, P.P.C., all the respondents in the complaint were summoned and the case was then tried by the learned Sessions Judge.
6. ' At the trial, prosecution in order to prove its case produced five PWs. And seven C.Ws., then the learned ADA tendered in evidence, report of the Serologist Exh.P.K, report of the Chemical Examiner Exh.P.J and closed the prosecution case, thereafter, statements of the accused were recorded under section 342, Cr.P.C. In which they pleaded false implication. After conclusion of the trial, Muhammad Essa and Abdul Razzaq were acquitted while the present appellant was convicted and sentenced by learned Sessions Judge, Pakpattan Sharif as stated above.
7. ' Learned counsel for the appellant after having read the entire prosecution evidence and other material available on record submits that it was a an unwitnessed occurrence, both the eye- witnesses namely Abdul Rashid and Athar Mahmood are brother and cousin of the deceased respectively, Riaz Qadeer was given up, both the eye-witnesses are resident of 60/30 miles away from the place of occurrence, there was no direct motive with the appellant to commit the murder of the deceased, the Investigating Officer had also admitted that he did not collect any evidence regarding motive except the statement of the complainant, no crime empty was recovered from the spot, appellant was a witness on behalf of her maternal niece namely Fakhra alias Farzana in five cases of criminal and civil nature, in this regard, documents Exh.D.E. To D.H. Have been produced before the learned trial Court. Muhammad Essa and Abdul Razzaq co-accused of the appellant were acquitted by the learned trial Court having been found to be innocent by the police, amongst them Essa was real brother of Mst. Fakhra while she was sister-in-law of Abdul Razzaq accused, it is a case of no evidence and that the prosecution has failed to prove its case against the appellant to its hilt. He lastly submits that if the submissions made by him do not find favour with the. Court then at least it is not a case of death sentence because the motive has not been proved against the appellant and as to what happened immediately proceeding the occurrence is shrouded in mystery.
8. ' On the other hand, learned counsel for the State submits that the appellant is named in the F.I.R.
9. With specific role having caused the fatal blow and that the prosecution has been successful in proving its case against the convict. He supports the judgment of learned trial Court.
10. ' We have heard learned counsel for the parties at a great length and have also gone through the record with their assistance. In the instant case, the occurrence took place at 2-00 p.m., matter was reported at 2-30 p.m. And the F.I.R. Was recorded at 2-45 p.m. So it was a case of promptly lodged F.I.R. It was the appellant who caused fatal shot to the deceased, although a 30 bore pistol was recovered from the appellant through Exh.P.G. But no crime empty was recovered from the spot, there is also no report of the fire-arm expert, it was a broad day light occurrence so it could not have gone unwitnessed, ocular account is corroborated by medical evidence. We have no doubt in our mind as to participation of the appellant in the occurrence. According to motive the co-accused and the appellant had grudge that it was Abdul Waheed deceased who was brother- in-law that is sister's husband of Rafique to whom sister of Essa was married, was responsible for strained relations between Refique and Mst. Fakhra which resulted into dissolution of marriage.
11. Mere insufficiency of the motive or the motive having not been proved is no ground to award to lesser sentence. The very important factor which is present in this case that the suit for dissolution of marriage was decreed in favour of Mst. Fakhra on 31-1-1994 she was present in her house and was abducted by Rafique on 2-4-1994, it was a matter of family honour and disgrace to the appellant, who was closely related to Mst. Fakhra, he was also purusing her cases, he was a witness in the abduction case of Mst. Fakhra, in our considered view, he feeling hurt by the abduction of Mst. Fakhra, who was her real niece, committed this murder. There is difference of three days in registration of case of abduction and the present occurrence. The appellant fired only one shot, did not repeat the same. We think these two facts are sufficient for reducing the sentence of the appellant and we treat the same as a mitigating circumstance in favour of the appellant.
12. Accordingly, appeal filed by the appellant is dismissed, however, the sentence of death is converted into one imprisonment for life with the benefit of section 382-B, Cr.P.C. The sentence of payment of compensation is maintained. The death sentence of Bashir alias Bushri is not confirmed. Murder Reference is answered in . The negative.
13. Appeal dismissed/