' Appellant namely Muhammad Amin son of Saeed Muhamamd alongwith four others was tried by the learned Additional Sessions Judge Sheikhupura for the murder of one Shabbir Hussain in case F.I.R. No,126 of 1996, dated 1-3-1998 under sections 302/148/ 149, P.P.C. Registered at Police Station "B"
Division District Sheikhupura, who vide judgment, dated 8-2-1999 while acquitting co-accused convicted and sentenced the appellant under section 302(b), P.P.C. To imprisonment for life. The appellant was also directed to pay Rs,30,000 to the legal heirs of the deceased as required under section 544-A, Cr.P.C. Or in default of payment whereof to further undergo R.I for six months. Benefit of section 382-B, Cr.P.C. Was also given to the appellant.
' Being aggrieved by the conviction and sentence, the appellant filed instant criminal appeal bearing Criminal Appeal No,80 of 1999.
2. The story of the prosecution case as narrated in the F.I.R. (Exh.P.F) is that on 1-3-1996 at about 10- 00 a.m. When Pervez lqbal (P.W.9)/brother of the complainant) was present in Havaile of his brother-in-law namely Bashir Ahmad, a kite fell in the courtyard of Havaile and Muhammad Aadil (Mamoonzad of complainant) caught that kite. From the roof of the house, Tariq alias Labha (co- accused of appellant) abused Muhammad Aadil and asked him to leave that kite. At first, Muhammad Aadil resisted as the same had fallen after being cut, however, he threw the kite outside the Havaile. Statedly, Tariq accused kept on abusing whereupon Mst. Nasreen Bibi (sister of complainant) forbade him from abusing but Tariq accused also abused her. Upon this, Pervez lqbal (P.W.9) admonished Tariq accused and both of them started quarreling with each other.
Statedly, neighbours intervened and matter was patched up.
' On the same day, at about 8-00 p.m. Complainant, Shabbir Hussain and some guests in connection with engagement of Shabbir Hussain (deceased) were present in the house of the complainant. They heard noise of save save raised by Pervez Iqbal, their brother, in the street. The complainant alongwith Shabbir Hussain came out of the house and saw the appellant namely Muhammad Amin armed with dagger, Amanat Ali empty-handed, Muhammad Tariq armed with 222 bore Rifle, Said Muhammad armed with .12 bore Gun present over there. They were holding Pervez lqbal and were taking him away in the street. The complainant alongwith Shabbir Hussain in order to rescue their brother intervened and asked the accused persons to leave Pervez lqbal, in the meantime, Mst. Bushra Bibi wife of Amanat Ali accused came out of her house and raised lalkara. Thereupon, Amanant Ali caught hold of complainant and Shabbir Hussain deceased was held by Said and Tariq alias Labha. Muhammad Amin appellant with his dagger gave blow to Shabbir Hussain deceased, on the backside of shoulder and thereafter all the accused persons ran towards the main bazar while firing in the air. Shabbir Hussain fell down on broken pipe and bricks.
The complainant alongwith his brother Pervez Iqbal and Muhammad Haneef at once tried to escort their brother Shabbir Hussain to Hospital, who died on the way. The complainant while leaving behind Pervez Iqbal and Muhammad Hanif with the dead body left for the Police Station to report the matter.
' After recording the formal F.I.R., Exh. PF Muhammad Ayub, Inspector/ P.W.12, proceeded to D.H.Q.
Hospital Sheikhupura and after examining the dead body prepared inquest report, Exh.PG, injury statement, Exh.P.H and despatched the same to the mortuary for post-mortem examination.
Thereafter, the Investigating Officer proceeded to the place of occurrence and after inspecting the spot prepared rough site plan, Exh.P.J. During spot inspection, he also collected blood-stained earth vide recovery memo. Exh. PB. On the next day i.e, 2-3-1996 last worn-clothes of the deceased were produced before him which were taken into custody vide recovery memo. Exh.P.A. On 5-3- 1996 the Investigating Officer obtained warrants of arrest of accused persons namely Mst. Bushra Bibi (Exh.P.W.10/1), Amanat Ali (Exh.P.W.10/A), Muhammad Ameen (Exh.P.W. 10/C), Muhammad Tariq (Exh. P . W . 10/D) and Said (Exh. P . W . 10/E) . Since the said warrants of arrest remained unnerved, on 11-3-1996 the Investigating Officer obtained proclamation orders Exh.P.K, Exh.P.L, Exh.P.M., Exh.P.N and Exh. P.O of accused persons namely Mst. Bushra Bibi, Amanat Ali, Muhammad Amin (appellant), Muhammad Tariq and Said Muhammad respectively. The record of this case further reveals that during the investigation accused persons namely Said, Muhammad Amin (appellant) and Tariq alias Labha were arrested on 18-3-1996, Muhammad Amanat was arrested on 29-3-1996 and Mst. Bushra Bibi was arrested on 7-4-1996. Statedly, on 30-3-1996 Muhammad Amin (appellant) in police custody led to the recovery of blood-stained dagger, P-5, from his house and the same was taken into custody vide recovery memo. Exh.P.C. The Investigating Officer also got prepared site plan Exh.P.D. And Exh.P.D./1 through Sayed Rab Nawaz, draftsman/P.W.6, and after the completion of the investigation submitted challan before the learned trial Court.
3. During the trial, prosecution produced fourteen witnesses in order to prove the charge against the appellant and his co-accused.
' Shokat Ali, P.W.4, narrated about the recovery of dagger, P-5, at the instance of the appellant.
' Dr. Muhammad Aslam Hamid, P.W.7, conducted post-mortem examination on the dead body of Shabbir Hussain (deceased) and observed following injuries on his person:-- ' Abrasion 5 x 1.5 c.m. On the right cheek.
' Lacerated wound 1 x 0.5 c.m. x bone deep on the right side of chin surrounded by an abrasion 3.5 x 2.5 c.m.
' An incised wound 2.5 x 1 c.m. x going deep on back and mid of left chest 3.5 c.m. From the mid line.
' Two abrasions each measuring 0.5 x 0.5 c.m. On the back and mid of left index and left middle finger."
' In the opinion of the doctor, death in this case occurred due to haemorrhage and shock leading to cardio respiratory failure. Injury No,3 individually and all injuries collectively were sufficient to cause death of a person in an ordinary course of nature.
' Shohail lqbal (P.W.8/complainant) and Pervez lqbal, P.W.9, alongwith Mirza Muhammad Saeed P.W.11 narrated the circumstances under which Shabbir Hussain was murdered by the appellant and his co-accused. All of them supported the prosecution case as set up in the F.I.R.
' The investigation of this case was conducted by Muhammad Ayyub, Inspector/ P.W.12, as narrated in the earlier part of this judgment. Rest of the witnesses being formal in nature, need not to be discussed.
' Learned D.D.A. Tendered in evidence report of Chemical Examiner, Exh.P.P and Exh. P.R as well as reports of Serologist as Exh. P.Q and Exh.P.S and closed the case of the prosecution.
4. Learned Trial Court after recording the entire prosecution evidence, examined the appellant and his co-accused under section 342, Cr.P.C. Wherein all of them denied their participation in the occurrence and pleaded innocence. The appellant while answering to the question as to why this case was registered against him and why P.Ws. Have deposed against him, replied as under:--- "The occurrence has not taken place at the time and place as alleged by the prosecution. No P.W.
Was present at that time. The P.Ws. Have made false statement and have made concocted story.
They have suppressed the true facts and have involved me falsely due to suspicion and their political influence."
' Neither the appellant nor any of his co-accused made any statement under section 340(2), Cr.P.C.
Nor produced any evidence in their defence.
5. Learned Trial Court after appraisal of evidence available on record, vide judgment, dated 8-2- 1999 convicted and sentenced the appellant as narrated in the earlier part of this judgment.
6. Learned counsel for the appellant submitted that the prosecution had failed to prove its case beyond reasonable doubts; that the eye-witnesses who were closely related to the deceased were introduced later on to strengthen the prosecution case and the statements of these witnesses did not inspire confidence; that the motive set up by the prosecution had not been satisfactorily proved; that the recovery allegedly effected from the appellant at his pointing out was sham; that the evidence which was disbelieved qua co-accused of the appellant could not be relied upon for convicting the appellant without any corroborative piece of evidence. It was lastly argued that in the circumstances the appellant was entitled to get the benefit of doubt, as against that, learned counsel representing the State had argued that the prosecution had. Successfully proved the suit of the appellant to the hilt; that the witnesses produced by 'prosecution had made consistent statements which had found ample corroboration and support from other evidence produced by the prosecution.
7. Heard. Record perused.
8. In nutshell the story of the prosecution is that on 1-3-1996 about 10-00 a.m. a quarrel took place between the co-accused of the appellant and the complainant party over the dispute of a kite. The matter was patched up by the inmates of the locality but on the same day to take the revenge at about 8-00 p.m. The appellant alongwith other co-accused infurtherance of their common intention committed the murder of Shabir Hussain. In order to prove the case, prosecution has mainly relied upon the statement of Sobail Iqbal, P.W.8/ complainant, Pervez Iqbal, P.W.9, and Mirza Muhammad Saeed, P.W.11, and sought corroboration from the evidence of recovery, motive and medico-legal reports.
9. A careful analysis of the ocular account narrated by Sohail Iqbal, P.W.8 complainant, Pervez Iqbal, P.W.9, and Mirza Muhammad Saeed, P.W.11, reveals that presence of all these witnesses at the spot was very natural. Sohail Iqbal P.W.8/complainant, and Pervez Iqbal, P.W.9, were real brothers of the deceased. This occurrence took place at about 8-00 p.m. And the presence of these witnesses in their house being inmates was very natural. Mirza Muhammad Saeed P.W.11 was a resident of the locality. While passing-by near the place of occurrence, he upon hue and cry raised by the complainant party reached the spot and witnessed the occurrence. All the witnesses stood the test of lengthy cross-examination. It has been observed that not a single question was put to doubt the genuineness of the statement of the witnesses. It is also interesting to note that no enmity worth the name has been suggested or brought on record to show the false implication of the appellant nor any material exists on the record to believe that the witnesses could not have been present at the scene of occurrence.
10. The medical evidence also supports the ocular account narrated by eye-witnesses. The time of occurrence, weapon used and C receipt of injuries stated by the eye-witnesses were all confirmed by this piece of evidence.
11. During the investigation, appellant led to the recovery of blood-stained dagger, P-5, in the presence of Shokat Ali, P.W.4. The recovery of blood-stained dagger coupled with reports of Chemical Examiner Exh.PR and that of Serologist Exh.PS is another strong corroborative piece of evidence and strengthens the prosecution case.
12. The motive of this occurrence that a quarrel between the accused and the complainant party took place at about 10-00 a.m. On the day of occurrence and in order to take revenge the murder of Shabbir Hussain was committed by the appellant, stands established from the statement of Sohail Iqbal, P.W.8/complainant, as well as Pervez Iqbal P.W.9. The observation of learned trial Court that the prosecution has failed to prove the motive is not sustainable.
13. After a very anxious consideration, I am of the view that the prosecution has proved its case to the hilt and there is no force in this appeal, same stands dismissed.