SHAIKH ABDUR RAZZAQ, J.- Athar Hussain son of Haq Nawaz has challenged the judgment dated 18.10.1999 whereby he has been convicted by the leamed Sessions judge, Jhang in case F.I.R. No. 130, dated 5.4.1997 under Section 302(b), PPC and sentenced to imprisonment for life and i.e of Rs.
1,00,000/- by way of compensation or in default thereof to undergo further R.I. For six months.
2. According to the prosecution version appearing in complaint Ex.PE lodged at the instance of Noor-ul-Hassan (PW-7), father of the deceased Khalid Mehmood, Athar Hussain son of Haq Nawaz visited his house on 5.4.1997 at 5.00 p.m. And took his son Khalid Mehmood along with him and made for his house on a cycle. After reaching his house the accused Haq Nawaz started abusing his son and finally fired at him with his pistol. On hearing hue and cry of Khalid Mehmood, Abdul Salam and Muhammad sulman were attracted. Seeing diem coming the accused Haq Nawaz made indiscriminate firing upon his son who as a result thereof succumbed to the injuries on the spot. The information regarding this occurrence was communicated to the complainant by Abdui Salam aforementioned. He further stated that the motive behind this occurrence is that the accused had borrowed a sum of Rs. 50,000)/- from his son for running a Karyana shop. His son demanded the return of said money upon which hot words were exchanged between them but later on the matter was patched up. The accused Haq Nawaz nourished a grudge on that score and committed the incident culminating into the death of his son.
3. After usual investigation the case was sent up for trial.
4. To prove its case prosecution has examined PW-1 Dr. Muhammad Bashir who conducted the post-mortem examination of the deceased on 6.4.1997 and found the following injuries on his person:- (1 -A) A i.e-arm wound of entrance 1.5 c.m. x 0.8 c.m. X going into chest at upper part. The wound's edges were inverted and blackened.
(1-B) A i.e-arm wound of exit 2 c.m. x 1.5 c.m. Anterolateral aspect of left side of chest. Wound's edges were ever everted.
(1 -C) A firearm wound 1 c.m. x 0.5 c.m. x skin deep on antero-media aspect of left upper arm at upper part.
(2-A) A i.e-arm wound of entrance 1 c.m. x 0.5 c.m. x going into chest cavity on back of right side of chest (on scapula). Wound edges were inverted and its margins were blackened.
(2-B) A i.e-arm wound erf exit 2 c.m. x 0.5 c.m. On front of right side of chest at upper part Wound edges were everted.
(3) A lacerated wound 2.1 c.m. x 0.5 c.m. x skin deep on hack of left fore-arm Just below elbow Joint.
Note;-- A metallic piece was recovered from right chest will under injury No. 2-A, which was sealed in a Bottle and handed over to the police.
In his opinion death was caused due to haemorrhage and shock and injury to vital organs (both lungs)* which resulted from injuries Nos. f-A, 1-B, 2A and 2-& which were; sufficient to cause dead in the ordinary course of nature. All the injuries Were found ante-mortem and wer^ caused; by i.e-; arm except Injury No. 3 which1 could he i^used by a" blunt weapon or i.e-arm. The time between injuries and death was within a few minutes whereas between death and post-mortem examination was 12 to 24 hours. He produced correct carbon copy of post-mortem examination report Ex.PD, diagram of injuries Ex.PA/A and X-Ray Aim Ex.PA/B. Prosecution also examined PW-2 Muhammad Arshad, Constable who escorted the dead-body of Khalid Mehmood for post-mortem examination and thereafter produced his last worn clothes Pi to P3 which were secured vide memo.
Ex.PD. PW-3 Muhammad Younis, H.C. Recorded formal F.I.R. Ex.PE/A on the basis of complaint Ex.PE.
PW-4 Bilal Ahmad- identified the dead-body at the time of post-mortem examination. PW-5 Jan Muhammad Sabir Marathi, Draftsman prepared site plan Ex.PF/A and B and handed over the same to the Investigation Officer on 12.4.1997. Muhammad Shafi (PW-6) is a witness of recovery of pistol P4 which was produced by the accused and secured vide memo. Ex. PG.'-PW-7 Noor Din is the complainant who has corroborated his version appearing in complaint Ex.PE. Muhammad sulman PW-8 and Abdul Salam PW-9 are the eye-witnesses of this occurrence who have corroborated the prosecution version appearing Tn complaint Ex.PE. Muhammad Aslam, Constable PW-10 was entrusted summons mark 'A' for service upon Ahmad Khan, SHO but it could not be executed upon him. He produced the report of DSP (Legal) mark 'A'/l along with his own report mark 'A'/2.
Muhammad Mumtaz, S| PW-11 was handed over the investigation of this case on 28.44 ?#7. Prior to his posting Saeed Anwar Khan S.l. Had been posted over there. As such he was conversant with his own handwriting and signatures. He stated that Saeed Anwar Khan, >]. Having been indicted for prime under Sections J02/343/||;8/149, PPG has been declared a proclaimed o^under^He f^diced injury statement PB, inquest report PC, memo, of recovery of last worn clothes of the deceased PD, complaint Ex.PE, and rough sketch of place of occurrence PH. Bearing the signatures of Saeed Anwar Khan, ST. He father stated that on 2.5.199^the arrested the accused who led to the recovery of pistol P4 which he secured vide memo. Ex. PG. After completing the investigation he challaned the accused. The leamed P.P. Closed the prosecution evidence vide his statement dated 29.9.1999.
4. The statement of accused was recorded under Section 342, Cr.P.C, wherein he denied the prosecution version and in reply to question No. 9 stated as follows:-- "I came home to see my parents from Sheikhupura 2&25 days before the incident. The deceased was known to me since before. On the event of die incident, he came to me at my house and took me at a deserted place. He asked me to submit to his un-nature lust, but I refused. He took out a pistol and fired a shot to over-awe me saying that he would kill me as he had killed one Tahir Abbas even earlier. He then tried to forcibly denude me of my Shalwar and in that course also deprived me of Rs. 400/- which I had with me In my pocket, I caught hold of his had holding the pistol. He grappled with me. I twisted his arm to the back. He in that condition fired a shot at me but the shot hit in his own back. I did not know that the shot had hit him. He fell down and also fell down the pistol. I picked up the pistol. He stood up and tried to snatch the pistol back from me. I then genuinely apprehended the end of my life at his hands. In order to save my life, my person and my honour, I fired at him a shot with his pistol. He fell down. I threw the pistol there and dis-appeared from the scene, lt was a dark night incident. None came there during that while. The incident was seen by none. The case was got registered in the morning. I am innocent."
He produced documents Ex. DC and DD and then closed his defence evidence.
5. After going through the evidence produced by the prosecution as well as defence the leamed Trial Court convicted the accused under Section 302(b), PPC and sentenced him to imprisonment for life. He was ordered to pay Rs. 1,00,000/- as compensation under Section 544-A, Cr.P.C, to the legal heirs of the deceased failing which to undergo R.I. For six months. The accused/appellant has felt aggrieved and filed this appeal.
6. Arguments have been heard and record perused.
7. It is evident from the reply to question No. 9 of statement recorded under Section 342, Cr.P.C, that the accused/appellant had admitted the occurrence. However, his stand is that the occurrence has not taken place in the manner in which it has been depicted in complaint Ex.PE but in the manner as disclosed by him in reply to afore-mentioned question No. 9.
8. Now even if the statement of the accused is taken into consideration it stands proved that the deceased had died as a result of injuries at the hands of the accused/appellant The reason given by the accused/appellant for receiving injuries by the deceased does not appeal to reason, lt is not possible for a man whose arms have been twisted to inflict injuries on the right and left side of his chest. The injuries on the person of deceased clearly reveal that these have been caused from front side. Thus the stand of accused/appellant that the deceased received injuries at his own stands belied by the medical evidence which has come on record through the statement of Dr. Muhammad Bashir PW-1. The other stated of the accused/appellant is that he had fired at the deceased in order to save his life. This contention of the accused/appellant is also devoid of any force as he has not even received a scratch on his person so the question of apprehending danger at the hands of the deceased, does not arise.
9. It may also be mentioned here that the complainant is not an eye-witness of this occurrence and was informed about this occurrence by Muhammad sulman PW-8 and Abdul Salam PW-9.
Both these PWs have also been cross- examined at length and they have stood the test of cross- examination. The evidence of recovery of pistol as well as motive aspect of the prosecution version even if it discarded, the prosecution case stands proved even from the very admission of the accused referred above.
10. For what has been stated above, it is proved that the leamed Trial Court has passed the impugned judgment strictly on the basis of evidence brought on record and it does not require any modification. Accordingly the same is hereby maintained. However, the accused/appellant is extended the benefit of Section 382-B, Cr.P.C, which has not been extended by the leamed Trial Court without giving any specific reasons for denying the said benefit.