1990 P Cr (PLP)

This revision petition is directed against the judgment dated 28-9-1987 delivered by Additional Sessions Judge, Faisalabad whereby the respondent Zulfiqar was acquitted of the charge. under section 302, P.P.C. The prosecution case in brief is that Zulfiqar respondent and the proclaimed offender Muhammad Ali had killed Manzoor Ahmed on the night between 7/8-5-1985, According to the prosecution case, the proclaimed offender had fired a shot with his gun while the respondent was armed with a hatchet. According to the F.I.R. the complainant used to cultivate 12 acres of land in Square No.40 belonging to one Haitam son of Waryam in Chak No.239/RB. The deceased used to run a shop of oil-cakes at Faisalabad .and used to visit the Dhari of Haitem. The proclaimed offender Muhammad Ali and Zulfiqar respondent being close relatives of Mst. Anwar wife of Haitem, suspected that the deceased was carrying on illicit liaison with Mst. Anwar and thus, they stopped the deceased from visiting the Dhari of Haitem. Two days prior to the occurrence, an altercation had taken place between them and the deceased over his visit to the Dhari of Haitem. It was stated that on the fateful night at about 12 o'clock, the deceased accompanied by Muhammad Sharif and Muhammad Ali residents of Chak No.237/RB, visited the complainant to discuss the proposal of marriages in the family. In the meantime, the respondent Zulliqar also arrived and on having seen the deceased, he started abusing him and enquired, as to why he lead come to the Dhari of Haitem. The respondent was pacified and an undertaking was give that the deceased Manzoor would not again visit the Dhari of Haitem. The respondent after threatening the deceased went away and after a short while, accompanied by Muhammad Ali, proclaimed offender, who was armed with a .12 bore gun, reached the scene of occurrence. It was stated in the F.I.R. that the respondent who was armed with a hatchet caught hold of the deceased from his hair and pulled him down from the cot and the proclaimed offender, Muhammad Ali fired at him from a very close range, hitting the right side of his face. The ocular account in this case consists of the testimony of Nazir Ahmed p.W.9, and Muhammad Ali, P.W.10, while Muhammad Sharif was not produced. Nazir Ahmed, P.W. is the real brother of the deceased. He is admittedly not a resident of Chak No.239/R.B. He explained his presence by stating that since he was cultivating the land of Hailcm in Chak No.239/R.B. therefore, he started living in the land under cultivation. The witness further stated that the deceased used to open his shop early in the morning and used to visit the complainant occasionally. It was admitted by both the eye-witnesses that the deceased was suspected of having illicit liaison with the wife of Haitcm namely Mst. Anwar. The other eye-witness Muhammad Ali, P.W.10 has not rendered satisfactory explanation about his presence in Chak No.239/R.B. being resident of Chak No. 237/R.B. He also did not specifically state about the subject-matter of the discussion for which, he had accompanied the deceased to the Dhari of the complainant. Muhammad Sharif who also accompanied the deceased has not been produced. The manner of attack in this case requires consideration because it clearly leads one to conclude that there is conflict between the ocular and the medical evidence. It was alleged by the eye-witnesses that respondent threw the deceased from the cot and felled down on the ground with hands and knees downwards. The moment Manzoor deceased fell on the ground, Muhammad Ali proclaimed offender, fired at him. The medical evidence clearly shows that there are no scratches, bruises or injuries on any part of the body of the deceased except the fire-shot. The said fire-shot could not have been received in the posture, in which the deceased had fallen on the ground. Obviously, the ocular testimony does not inspire confidence. Even presence of the complainant also seems B doubtful because he claimed that he used to tether his cattle at the Dhari of Haitem but according to the Investigating Officer, no cattle was found there. Admittedly, the deceased was suspected of having illicit liaison with the wife of Haitem and he had been killed near his Dhari, therefore, the prosecution case against the respondent is not free from doubt. In this view of the matter, the C learned Additional Sessions Judge rightly acquitted the respondent of the charge. No ground for interference is made out. Hence this revision petition is dismissed. N.H.Q./N-315/L????????? ?????????????????????????????????????????????????????????? Revision petition dismissed.