1. SAJJAD ALI SHAH, J.---This appeal has been filed by appellants named above against the judgment dated 15-2-1977 passed by the Second Additional Sessions Judge, Larkana, whereby both appellants have been convicted for offence under section 302/34, P. P. C. For having committed murder of Ghousal Shah in furtherance of their common intention by causing him knife injuries on 26-12-1975 at about 3 p. m. And sentenced to life imprisonment and a fine of Rs. 1,000 each, in default of the payment whereof further R. I. For two years.
2. Shortly stated prosecution case is that on the day and time of incident mentioned above, deceased Ghousal Shah alighted from bus followed by his nephew Ali Murad Shah on the road leading from Ratodero to Naudero when both appellants armed with knives attacked deceased and inflicted injuries on him resulting in his death on the spot. Appellants then-ran away with their knives. On the cries P. W. Sher Muhammad Shah complainant was attracted to the spot. P. W. Amir Ali Shah, a young boy of 12 years and Usman Khokhar, who were sitting on the culvert at a distance of about 40 feet also saw the incident. After the departure of appellants, witnesses, mentioned above went near and found that Ghousal Shah had expired in consequence of knife injuries.
3. Leaving other witnesses near the dead body Sher Muhammad Shah repaired to the Police Station, Ratodero at a distance of 3 miles, where F. I. R. Was registered at 4-00 p. m. On the same day.
4. Motive is stated to be the fact that deceased had abducted Mst. Panah Khatoon, mother of appellant Bachal alias Mukhtiar about 8-9 years before the incident and married her, which was resented by Mukhtiar and his cousin Ikhtiar. After registering F. I. R. Khursheed Hassan S. H. O. Came to the spot, recovered blood-stained earth, prepared inquest report, rnashirnama of vardat, recorded statements of witnesses and despatched the dead body for post-mortem examination.
5. On the following day both appellants voluntarily appeared before him and he took them in custody. He secured their blood-stained clothes and also both appellants led to the recovery of their blood-stained knives, which were seized and put into sealed parcels, which were sent to the Chemical Examiner. After completion of investigation appellants were challaned.
6. Prosecution has examined 8 witnesses in support of its case. P. W. 1 Ali Nawaz tapedar Exh. 5 has prepared sketch of vardat Exh.
6. P. W. 2 Ghulam Haider police constable Exh. 7 escorted dead body to the mortuary for autopsy. P. W. 3 Sher Muhammad Shah complainant Exh. 13 has filed F. I. R. Exh.
9. He has testified about the motive and also about the incident to the extent that he rushed to the spot on cries, saw his father---in-law Ghousal Shah lying dead with injuries and appellants running away with open knives. P. W. 4 Amir Shah Exh. 10 and P. W. 5 Ali Madad Shah Exh. 11 are examined is eye-witnesses. P. W. 7 Hashim Ali Shah Exh. 16 is mashir, who has attested mashirnama of vardat Exh. 17, inquest report Exh. 18, mashirnama of recovery of knife from appellant Mukhtiar Exh. 19 and mashirnama of recovery of his blood-stained clothes, Exh. 21, P. W. 8 is Khursheed Hassan S. H. O.
7. Who has investigated the case. He has produced report of chemical examiner Exh. 24, which is to the effect that both knives produced by appellants and their clothes were found to be stained with human blood. P. W. 6 i9 Dr. Nooruddin, who has performed post-mortem examination on the dead body of Ghousal, Shah. On externals examination he found the following injuries :-
(1) An incised wound 1--- x 1/3--- piercing inside the chest at the level of 9th left rib.
(2) An incised wound 1----- x 1/3--- piercing inside at the level of sternum.
(3) An incised wound 1----- x ----- piercing inside 2' below the injury No. 2.
(4) An incised wound 1----- x 1/3--- piercing inside at the level of 10th left rib.
(5) An incised wound 1" x ----- muscle deep at the level of 7th left rib.
(6) An incised wound 1--- x ----- piercing inside at the level of 5th left rib.
(7) An incised wound 1" x ----- piercing inside 3' below the left nipple.
(8) An incised wound ----- x ----- piercing inside near injury No. 7.
(9) An incised wound 2--- x ----- piercing inside near the left of umblicus.
(10) An incised wound 1--- x 1/3--- muscle deep at the mid of right scapula.
(11) An incised wound 1" x ----- muscle deep 2--- below the injury No. 10.
(12) An incised wound 1-1/3--- x ----- muscle deep at the lower border of right scapula.
(13) An incised wound ----- x ----- muscle deep at the medial border of right scapula.
(14) An incised wound ----- x ----- piercing inside at the right lumber region.
(15) An incised wound 1--- x ----- muscle deep below the left scapula.
(16) An incised wound ----- x ----- muscle deep at the sacral region.
(17) An incised wound 3--- x 1----- muscle deep at the lateral aspect of left thigh.
(18) An incised wound 5--- x 3--- muscle deep at the left thigh 3--- below injury No. 17.
(19) An incised wound ----- x -----scalp deep at the mid of skull.
(20) An incised wound ----- x ----- scalp deep near the injury No. 19.
8. On internal examination the doctor found the following damages :-
(1) Left pleura incised, left lung pierced at the level of injuries, left ventricle pierced, peritoneum pierced at the level of injury, small intestine punctured at the level of injury, liver punctured. The stomach was empty.
9. In the opinion of the Medical Officer, from the external as veil as internal examination, the death was due to shock and haemorrhage consequent upon the injuries caused by sharp cutting weapon such as knife. According to him, all the injuries were ante-mortem in nature and injuries Nos. 1, 2, 3, 6, 7 and. 8 were individually and as well as collectively sufficient, in ordinary course of nature, to cause the death. The doctor has opined that probable time between injuries and death was few minutes and between post-mortem and death was about 4 hours.
10. Before the trial Court, the defence of the appellants has been total denial of all prosecution allegations including the factum of marriage of mother of Mukhtiar with deceased. They have further claimed that they have been implicated falsely at the instance of witnesses who are interested and inimically disposed towards them. Appellants have led no defence.
11. Before us the ocular testimony has been criticised extensively as interested and partisan and great emphasis has been laid on the fact that since it was a broad daylight murder which took place near bus stand, even then no inde--pendent witnesses, not connected with complainant party, have been examined. In direct evidence prosecution has examined three witnesses. P. W. 4 Amir Ali Shah and P. W. 5 Ali Madad Shah are the eye-witnesses, who have seen the incident, while P. W. 3 Sher Muhammad Shah complainant came to the spot on cries and saw both the appellants running away with open knives and Ghousal Shah lying dead with knife injuries. He went and lodged F. I. R. Admittedly these three witnesses are related to the deceased Deceased was maternal-uncle and father-in-law of P. W. 3 Sher Muhammad complainant, while Amir Shah is brother of complainant and Ali Madad Shah is "Masat" of complainant and sister's son of deceased.
12. Now mere relation ship of these witnesses inter se and with the deceased does not per se disqualify them from being believed as eye-witnessss but for this reason of relationship a duty is enjoyined on the Court to examine their evidence with great care and caution and if corroboration in the nature of confirmatory circumstances is available to sustain this evidence, the same is to be accepted. In that pursuit, firstly it is to be verified whether their presence at the spot at the time of occurrence, in well accounted for. Both Sher Muhammad complainant and his brother Amir Ali Shab are residing in Chodhia village, which is adjacent to the vardat. This village is shown in the sketch of vardat and tapedar Ali Nawaz has deposed that only one survey No. 628 intervenes between this village and the spot. Complainant has further specifically stated before the trial Court that this village is at a distance of 20-25 paces from the spot. Complainant has further stated that at the time of incident he was bringing hay from the dera of Khan Bahadur Ahmed Khan Bhutto, which is, as per sketch of vardat, only 635 feet from the spot and from that point the vardat is visible. P. W. 4 Amir Ali Shah, who was hardly 12 years old at the time of incident, was at the relevant time sitting on a culvert on the main road at a distance of about 40 feet from the spot. He was sitting there along with Usman Khokhar, who was servant of the deceased, just idling away the time. P. W. 5 Ali Madad Shah was in the same bus along with deceased and was supposed to go further to his village Massodero, which is at a distance of one mile from the vardat, but got down after deceased when he heard commotion. He has stated that he bad gone to Nandero on his own and met deceased when both were about to board the same bus for their respective villages. In the cross-examination of these witnesses there is absolutely nothing adverse to suggest that their presence at the spot at the time of incident is in the least doubtful. ,dn the contrary F. I. R.Was lodged very promptly without any delay within one hour at Police Station Ratodero, in which the names of these eye-witnesses are mentioned by the complainant. The distanee between vardat and the police station is 3 mile. Prompt registration of F. I. R. Rules out any possibility of manipulation.
13. Secondly en material particulars of the incident, the evidence of thes witnesses is very consistent and flawless. The version -that both appellants caused injuries with knives to the deceased and then ran away from the spot, as unanimously stated by these witnesses, is further fully supported and confirmed by other evidence. The complainant has been cross-examined on the point that he bad not stated in F. I. R. That after the marriage of deceased with Mst. Panah appellant Mukhtiar used to reside with deceased and his wife, but about 4-5 years before the incident, deceased tad turned appellant Mukhtiar but of the house on the ground that as he ways not Sayed, as such he could not live with him in the same house. Also that Mr. Mumtaz Ali Bhutto stopped his car and on his inquiry was informed about the incident. In this context it can safely be stated that F. I. R. Is not a detailed document, which must contain all minute details. F. I. R. Only contains brief statement of facts with regard to the incident and for that matter only brief relevant facts of the occurrence, such as the manner in which incident took place, who saw it, names of the accused persons, weapons, etc. Used and a brief background. Details of those relevant facts are given subsequently.
14. Such omissions in F. I. R. As have been brought about in the evidence of complainant are not so material as to turn on the credibility of the complai--nant. The only other noticeable thing in the cross-examination of the eye--witnesses is that the spot is surrounded by other places and so many other persons could have seen the incident and could be witnesses Be that as it may, if such independent persons do not volunteer to entangle themselves as witnesses in such cases, then it does not necessarily follow that the witnesses who have seen the incident but because they happen to be related inter se or to the deceased, should be disbelieved straight away on that account. We have very carefully examined the evidence of these witnesses and we do not find any material or basis on which any doubt can tie expressed that they have not given truthful account of the occurrence or they are fake witnesses. The evidence of Amir Ali Shah, who is a young boy is very consistent and his credence could not be shaken in the cross-examination.
15. Direct evidence is further fully supported by medical evidence which shows that as may as twenty injuries with sharp cutting weapon, have been caused to the deceased. This large number of injuries could only be caused by more than one person. There is hardly any question of mistaken identity as the incident took place at day time and the app; pants were very well known to the eye- witnesses. Both knives and blood-stained clothes of appellants have been found by the chemical examiner to be stained with human blood. Mashir Hashim Ali Shah has been examined who has supported recovery of clothes from appellants but not' the knives. , Appellant Bachal alias Mukhtiar while in custody led to the recovery of blood stained knife concealed in grass and "Narhi" from the land, while appellant Akhtar led to the recovery of blood-stained knife, which was concealed in sur- bushes. These recoveries as well as of blood-stained clothes, were made before mashirs Hashirn Ali Shah and Abdul Hameed son of Sahib but only one mashir Hashim Ali Shah has been examined and he has not supported recovery of knives but only blood-stained clothes. No reason is given for not examining the other mashir. Hashim Ali Shah is also independent and. Not related to the complainant party but admits to being Sayed only. He has been believed by the trial Court on the recovery of blood-stained clothes only. In the circumstances when only one masher is examined and he is partly believed and partly not believed, and no plausible reason is given for not examining the other masher, we do not feel inclined to rely upon the evidence of the Investigating Officer on the recovery of knives. Even without knives, recovery of blood-stained clothes of appellant afford sufficient confirmatory force.
16. Motive also stands established. Appellant Mukhtiar nursed a grudge against the deceased because his mother had eloped with him and gave a statement in the Court in favour of deceased, whereafter they were married and appellant Mukhtiar lived with them as a child but then he was turned out by deceased about 4-5 years before incident as he had grown up and could not live with them as he was not Sayed. It was extremely resented by Mukhtiar as insult to the injury and he was bent upon avenging that humiliation. Akhtar being his cousin assisted him in this task to give him moral support.
17. There is one other confirmatory circumstance that palm of the right hand of appellant Mukhtiar was found cut, and such mention is made in his mashirnama of arrest but he was not referred to the doctor, likewise appellant Akhtiar after his arrest on the following day of incident was found with incised injuries on his left wrist and was referred to the same doctor, who performed post-mortem examination on deceased. The doctor declared both injuries on the wrist of Akhtiar appellant to be simple in nature and caused by sharp cutting weapon. According to the doctor these injuries were 24 hours old, which closely syneronises with time of incident. These injuries appeared to be self sustained in the course of attack on the deceased, who was given as many as twenty stab wounds, but unfortunately on this material aspect no specific question was put to the appellant in 342, Cr. P.
18. C. Statement hence we do not propose to consider this circumstance against the appellant. It would not be out of place to mention that about this injury on Akhtiar, suggestion was made to eye-witnesses in the cross-examination that deceased had inflicted this injury on Akhtiar, which is implicit admission of presence at the spot, but cannot be used against the appellant because it was not put to him in the question form in 342, Cr. P. C. Statement.
19. Since about 20 injuries have been inflicted on the deceased and fatal injuries could not be pin- pointed on any appellant in particular, hence lesser punishment of life imprisonment is justifiable.
20. For the facts and reason mentioned above, we hold that there is sufficient incriminatory evidence against the appellants to connect them with crime as such no interference is called for. We, therefore, maintain the order of conviction and sentence and dismiss the appeal.