' This judgment will dispose of Criminal Appeal No,516 of 2000 filed by Muhammad Sabtain, appellant, who was_ convicted and sentenced by learned Additional Sessions Judge, Sargodha, vide his judgment dated 22-3-2000 to undergo imprisonment for life as "Tazir" for committing Qaltl-e-Amd of Syed Nazar Hussain Shah, deceased, with the further direction to pay Rs,50,000 as compensation under section 544-A, Cr.P.C. To the legal heirs of the deceased, in default six months'
R.I. Under section 302(b), P.P.C. With the benefit of section 382-B, Cr.P.C.
2. Occurrence in this case had taken place on 22-8-1998 at 6-00 p.m. Within the jurisdiction of Police Station, Tirkhanwala, District, Sargodha at a distance of six miles away while the matter was reported to the police on the same day at 6-45 p.m. By Ghulam Haider Shah complainant and the formal F . I . R . Exh.P.F. Was recorded by Muhammad Mumtaz A.S.I.
3. Brief facts of the prosecution case as disclosed by Ghulam Haider complainant in the F.I.R. Exh.P.F.
Are that on the fateful day, that's, 22-8-1998 Majlis-I-Aza in connection with the anniversary of Syed Sabir Hussain deceased was held at Imam Bargah Thai Said Shammer, that his father-in-law Nasar Hussain Shah had also come there to participate in that Majlis and when at about 6-00 p.m.
That Majlis ended, Nazar Hussain Shah aforesaid proceeded towards his house; that at about 6-05 p.m. When Nazar Hussain Shah deceased reached near the door of the house of one Ghulam Haidet Patwari, Muhammad Subtain accused while armed with dagger whereas Zafar Abbas accused empty-handed emerged there and raised Lalkara that , they would not allow Nazar Hussain Shah to go alive and thereafter, Zafar Abbas accused caught hold Nazar Hussain Shah by hairs while Muhammad Subtain gave him three successive dagger blows hitting Nazar Hussain Shah` deceased in front of his chest, right forearm and right arm pit who as 'a consequence of the injuries fell down, the complainant, Ibrar Hussain Shah P.W.10 and Rang Shah P.W.(not produced) who were near Nazar Huissain Shah witnessed the occurrence, intervened and separated them.
Motive behind the present occurrence was that about seven years back Ghulam Abbas the son of Nazar Hussain Shah deceased had committed the murder of Mst. Naseem Fatima sister of Muhammad Subtain and Zafar Abbas accused, due to that grudge both the accused with common intention launched murderous assault upon Nazar Hussain Shah deceased.
4. Khan Amir P.W.12 Inspector/ S.H.O. Police Station Tirkhanwal took. Over the investigation of the case and on 23-8-1998 visited the place of occurrence prepared. Visual site plan Exh.P.A, secured bloodstained earth through recovery memo. Exh.P.1. On 20-8-1998 he arrested Muhammad Subtain accused and recovered dagger P.3. Which was taken into possession vide memo. Exh.P.J. On 18-11- 1998 Nazar Hussain Shah injured had expired and he added section 302, P.P.C. And proceeded to District Headquarter Hospital, Sargodha where he inspected the dead body of the deceased, prepared injury statement Exh.P.D. And inquest report Exh.P.E., he interrogated Zafar Abbas accused, found him innocent and submitted the challan in the trial Court against Muhammad Subtain Shah accused/appellant but Zafar Abbas accused was summoned by the trial Court to face the trial.
5. At the trial, prosecution in order to prove its case produced 12 witnesses in all, thereafter, learned D.D.A. Tendered in evidence report of Chemical Examiner Exh.P.L. Report of the Serologist Exh.P.M.
And closed the prosecution evidence then the statements of the accused were recorded under section 342, Cr.P.C. In which they pleaded innocence. After conclusion of the trial, Zafar Abbas accused was acquitted while the present appellant was convicted and sentenced as mentioned above by the learned trial Court.
6. After having read the entire prosecution evidence, statement of the appellant recorded under section 342, Cr.P.C. And other relevant material available on record, learned counsel for the appellant submits that both the eye-witnesses, namely, Ghulam Haider Shah is son-in-law of the deceased while Ibrar Shah is married to the daughter of sister of the deceased that no independent witness has been produced, that there are material contradiction in the statements of the witnesses, that deceased died eight days after the occurrence and possibility of those injuries which he received had developed some complications as he was not properly given treatment, that doctor did not give him proper medical aid, that on the same evidence real brother of the present appellant has been acquitted by the learned trial Court although effective role was attributed to him, that prosecution_ failed to prove the motive against the appellant and he is entitled to acquittal.
7. On the other hand, learned counsel for the State submits that appellant is the main accused in this case, he is the person who caused the fatal blows to the deceased, that according to the doctor, who conducted postmortem report the injury No,1 is fatal. He supports the judgment of the learned trial Court.
8. I have heard learned counsel for the parties at a great length and have also gone through the record with their able assistance. Occurrence in this case had taken place on 22-8-1998 at 6-00 p.m. When it was broad-day-light, matter was reported to the police on the same day at 6-45 p.m.
In the police station, the distance between the place of occurrence and the police station was six miles. The delay in the F.I.R. Had occurred due to the reason that first Nazar Hussain who was injured and later on died was taken to Civil Hospital, Sahiwal, where he was given medical aid then doctor directed the complainant to take him Farooka, thereafter, complainant after getting the medical certificate went to the police station and lodged the F. LR. As far as motive behind the present occurrence was concerned was that about seven years prior to the present occurrence, according to the F.I.R. Ghulam Abbas son of Nazar Hussain Shah deceased had committed the murder of Mst. Naseerd Fatima sister of the present appellant and the acquitted co-accused of the present appellant. It has not been denied during the trial, that Nazar Hussain Shah deceased had not committed the murder of Mst. Nasim Fatima, except that emnity there was no other enmity whatsoever between the parties, it was the appellant, who caused three injuries on the 'person of the deceased, in order to save the life of the deceased, the complainant party had been taking to the deceased to different hospitals from Sargodha and even to Landre Mayo Hospital and he died in the hospital and not in the house, so the contention of learned counsel that deceased died due to negligence of the doctor does not arise in this case. Dr. Aman Ullah P.W.2, who conducted the post-mortem examination on the dead body of the deceased while replying to question in cross- examination had stated that Injury No,1, was not dangerous to life but he in fact meant so because he referred the deceased to District Headquarter Hospital. In examination-in-chief, the said doctor had categorically stated that in his opinion death in this case was due to Injury No,1 which led to pythorax septicemia, cardio pulmonary arrest and death. He further stated that Injury No,1 was sufficient to cause death in ordinary course of nature. The said injury was on the chest of the deceased. This doctor had also medically examined the deceased on 22-8-1998 at 9-35 p.m.
When he was brought to him in an injured condition. The injury on his chest was 8 c.m. x 3 c.m. FIR..
In this case was got registered in police station, so there was no question of deliberation and consultation about the lodging of F.I.R. Dagger was also recovered from the appellant, his co- accused, Zatv Abbas was rightly acquitted by the, learned trial Court and against his acquittal.
Criminal Appeal No,625 of 2000 was also filed by Ghulam Haider Shah complainant but the same was dismissed by Di vision Bench on 13-9-2000, there were three injuries on the person of the and same were attributed to, the present appellant. Moreover, it may be noted here, that both the parties belong to Shia or ". Shia" -committed the murder Sect and it was not a case where "Sunni" committed the murder of Sunni Sect". It is not a case. Of false implication but it is a case, which has been proved by the prosecution beyond any shadow of doubt. Already a very lenient view has been taken by the learned trial Court by not awarding the death sentence to the appellant and stating therein in his impugned, judgment that prosecution did not satisfactory prove the case against the present appellant as far as motive is concerned.
9. After hearing the learned counsel for the parties and going through the record I am of the considered opinion that it was the appellant, who had committed the murder of deceased, therefore, the appeal filed by the appellant is dismissed. The conviction and sentence recorded against the appellant by the learned trial Court is maintained.