' This judgment will dispose of Criminal Appeal No,882 of 2001 directed against the judgment dated 7-6-2001 passed by learned Sessions Judge, Khushab, whereby he convicted and sentenced the appellants as under:-- ' Under section 302-A/34, P.P.C. Both the appellants were sentenced to undergo 10 years' R.I. Each.
' Under section 324/34', P.P.C. They were sentenced to undergo 10 years' R.I. Each with fine of Rs,10,000 each or in default three months' S.I. Each.
' Under section 337-A(1)/34, P.P.C. They were sentenced 2 years R.I. Each with Daman Rs,2,000 each payable to Tariq Mehmood at the rate of Rs,500 each per injury as Tazir.
' Under section 337-F/(1)34, P.P.C. They were sentenced to undergo one year R.I. Each and to pay Daman amounting to Rs,5,000 each to Tariq Mehmood (at the rate of Rs,2,500) each per injury as Tazir.
' All the sentences were ordered to run concurrently with benefit of section 382-B, Cr.P.C. While Saifullah, Amanullah and Malook Ali accused were acquitted from all the charges.
2. Brief facts of this case as narrated by Tariq Mehmood complainant on 15-6-2000 in the F.I.R. Are that on 14-6-2000 at about 11-45, he was chatting with Muhammad Ehsan at his dera in the light of bulb when Khadim Ali armed with .12 bore gun, Saifullah armed with pistol .30 bore, Nadir armed with .12 bore gun Amanullah armed with .12 bore gun and Malook Ali accused armed with hatchet while raising lalkara challenged Tariq Mehmood and Muhammad Ehsan that they had come to take the revenge of causing injuries to Nadir Khan accused. Muhammad Ehsan stepped forward and the accused party asked him to go away otherwise he would also be dealt with severly but Muhammad Ehsan continued beseaching them. Tariq Mehmood rushed towards a room of the Dera and when he was going to enter the same, Nadir Khan fired at him hitting on his left wrist.
Then all the accused started firing at him and he in order to save his life got out of the room through the other door and reached in public thoroughfare street on the wastern side of the Dera.
In the meanwhile, his father Allah Bakhsh after hearing report of firing also started for Dera when Saifullah fired at Tariq Mehmood but he took the shelter of the nearby wall and the fire did not hit him. Karam Elahi P.W. Also arrived at the spot and Khadim Ali fired at Allah gakhsh hitting on his front chest who fell down. On raising hue and cry by Tariq Mehmood complainant and his companions all the accused persons again started firing on them but they remained behind the wall. On coming of some people towards the spot fled away. Allah Bakhsh succumbed to the injuries at the spot. The motive behind the present occurrence was that on 21-4-2000 Tariq Mehmood had caused injuries to Nadir Khan accused whereupon a case under section 337-F(iv), P.P.C. Was registered. The matter was reported to the police.
3. After receiving information about the occurrence the local police completed all the necessary formalities and then Atta Muhammad S.I. Alongwith his subordinates proceeded to the spot. He prepared the injury statement Exh.P.E. And inquest report Exh.P.F. Of Allah Bakhsh deceased. He also secured the blood-stained earth vide memo. Exh.P.P. Two empty cartridges P.11/1-2 were also taken into possession from the spot by him from the place where Khadim Ali accused was allegedly present, 4 empty cartridges of pistol .30 bore P.12/1-4 from the point where allegedly Saifullah accused was present, 4 empty cartirdiges P.13/1-4 from the point where Amanullah accused was present and 2 empty cartridges of.12 bore P.14/1-2 allegedly from the place where Nadir Ali accused was present were taken into possession vide memo. Exh.P.R. He also took into possession one saw P.15 (URDU TEXT), a cut lock P.16 and a pin hook P.17 vide memo. Exh.P.S. Through Exh.P.K. Blood- stained clothes of the deceased were also received by him. He arrested all the accused on 20-6- 2000 and on 24-6-2000 Khadim Ali while in police custody got recovered .12 bore gun vide memo Exh.P.L. On 26-6-2000 Saifullah while in police custody.Got recovered pistol vide memo. Exh.P.N., on 29-6-2000. Amanullah accused while police custody got recovered .12 bore gun vide recovery memo. Exh.P.M. After competing the investigation he challaned all the accused and sent them to judicial lock-up to face the trial.
4. Prosecution in order to prove its case has produced 12 witnesses in all including Doctor, Investigating Officer, eye-witnesses and other relevant persons. After tendering in evidence report of Chemical Examiner Exh.P.Y., report of Serologist Exh.P.Y./1 and those of Forensic Science Laboratory Exh.P.Z and Exh.P.Z./1, learned D.D.A. Closed the prosecution evidence. Thereafter, statements of the accused were recorded under section 342, Cr.P.C. In which they claimed to be .
Tried.
5. Learned counsel for the appellants in support of this appeal submits that both the appellants have been falsely implicated in this case. The occurrence in this case had taken place in the midnight and it was difficult to identify the accused persons, that the injuries on the person of Tariq Mahmood are self-suffered that Injury No,1 has got burnt and blackened edges which show that the fire was made from a very close range while other injuries were never mentioned by Tariq Mehmood in the F.I.R., although, he claimed himself to be an injured witness, that there was no injury on the right wrist as stated by Tariq Mehmood in the F.I.R. But the injury was on his left fore- arm. Learned counsel submits that Tariq Mahmood had admitted before the trial Court during cross-examination that before the occurrence he was cutting the lock of the room of Khadim Ali appellant with a saw (URDU TEXT). Learned counsel submits that the deceased in this case had enmity with many persons and so is .The position of Tariq Mahmood P.W. He also adds that Nadir had got a case registered against Tariq Mahmood far causing him injuries two months prior to the present occurrence and for that reason he has been involved in this case. Learned counsel further submits that there is no independent P.Ws. Corroboration to the statement of these two parties as against both the appellants. He further submits that no recovery was made from Nadir Khan accused and as far as recovery of gun from Khadim Ali accused/appellant is concerned, he submits that same was fabricated one and no public witness was produced to prove the said recovery. He submits that prosecution has miserably failed to prove its case against the appellants beyond any shadow of doubt.
6. On the other hand learned State counsel submits that appellants are named in the F.I.R. With specific roles. Ocular account is corroborated by medical evidence and that the witnesses are independent. He supports the judgment of the learned trial Court.
7. I have heard the learned counsel for the parties. Five accused were named in the F.I.R. Including present appellants, three of them have been acquitted by the learned trial Court. The occurrence had taken place at the Dera of the deceased. It was stated in the F.I.R. That at the time of occurrence electric bulb was on and there was also moon-lit night. Unfortunately it is tendency of in our society to rope in two persons as accused as the prosecution likes so the principle laid down by the superior Court is to sift the grain from chaff. According to the statement of Tariq Mahmood which is Exh.P.T. It was Nadir Khan who caused injuries on his right wrist but there is no such injury as per statement of Doctor Mahmood Akhtar P.W.1 who had medically examined Tariq Mahmood on the same night. The injury is on the right fore-arm and this injury has got burns and blackening.
It means that the fire was made from a very close range. There are other pin-head injuries on the person of the injured Tariq Mahmood which are on his eye-brow and forehead etc. These injuries were never mentioned in the F.I.R., so there is clear conflict between ocular account and the medical evidence. As far as Tariq Mahmood's injuries are concerned, it seems that in order to become a witness in this case these were self-inflicted. Even injuries on his right wrist is not mentioned which he had stated in the F.I.R. The injury on the right wrist was attributed to Nadir Khan but no recovery was effected from him and he was also found innocent by the police. The possibility of falsely implication of Nadir Khan in the instant case is not ruled out because two months prior to the present occurrence Nadir Khan was injured by Tariq Mahmood and a case under section 324, P.P.C. Was pending against him so in order to blackmail and pressurize Nadir Khan who was injured complainant, the possibility of false involvement of Nadir Khan cannot be ruled out. In this view of the matter, the appeal filed by Nadir Khan appellant is accepted and conviction and sentence awarded to him is set aside. He shall be released forthwith if he is not required in any other case.
8. As far as Khadim Ali appellant is concerned, it has come on record that immediately before the time of occurrence Tariq Mahmood P.W. Who appeared as P.W.8 admitted that he was cutting the lock of Khadim Ali appellant's door with a saw ( air ). Hence I am of the considered opinion thatKhadim Ali who stopped him from this act fired a shot which unfortunately hit his father Allah Bakhsh. Ocular account is fully corroborated by medical evidence. Moreover, Khadim Ali was arrested on 20-6-2000 and gun was recovered from him on 24-6-2000, two crime empties were recovered from the place from where Khadim Ali had fired at the deceased and according to the report of Fire-arm Expert those were matched with the gun recovered on the pointation of Khadim Ali, so in my considered opinion that as far as Khadim Ali appellant is concerned, prosecution has proved its case against him beyond any shadow of doubt through ocular account supported by medical evidence and positive report of Fire-arm Expert so this appeal to his extent is dismissed.
With these observations this appeal is disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.