1994 P Cr (PLP)

(2) Lacerated wound 3 c.m. in diameter. Margins inverted and blackened into bone deep. Gun powder was present around the wound., On the outer side of the left thigh lower end bone underneath fractured through and through. Wound was directed to the left. (3) Lacerated wound 4 c.m. x 2 c.m. margins everted into muscle deep on the inner side of the left knee. Injury No.2 communicated with injury No.3. So injury No.2 was entry wound and injury No.3 was exit wound. (4) Two circular wounds, margins inverted 3/4 c.m. diameter on the outer side of the right leg lower part. Margins were inverted into bone deep. Bone underneath was fractured that was tibia. Wound was directed to the left and upward. (5) Two lacerated wounds 1-1/2 c.m. diameter each margins were everted on the inner side of the right leg middle part, bone deep. Injuries Nos.4,and 5 communicated with each other, so injury No.4 was entry wound and injury No:5 was exit wound. (6) Lacerated wound 3 c.m. x 1 c.m. x bone deep on the inner side of the right leg lower 1/3rd, bone underneath both tibia and fabula was fractured. (7) Lacerated wound 4 c.m. x 2 c.m. x muscle deep, margins inverted on the left sole near the heel. In the opinion of the doctor the deceased died of , shock and haemorrhage consequent upon injuries which were ante-mortem. Injury No.6 was caused by blunt weapon while the rest were caused by fire-arms. On the same day he also medically examined Muhammad Anwar P.W.7 and found the following injuries on his person:-- (1) Swelling 8 c.m. x 3 c.m. on the back of the head 10 c.m. above the root of the neck. (2) Laceration 8 c.m. x 3 c.m. on the back of the left shoulder. (3) Complained of pain on the back of the chest middle part. All the injuries were caused by blunt weapon. Injury No.l was kept under observation while the rest were simple.

8. At the trial the prosecution examined thirteen witnesses in support of its case. Ghulam. Sabir P.W.6, Muhammad Anwar P.W.7 and Muhammad Sharif P.W.8 furnished the ocular account. Ghulam Rasul P.W.11 and Muhammad Siddiq P.W.12 proved the recoveries from the spot and rifle P.6 at 'the instance of Muhammad Arif appellant. The accused pleaded not guilty to the charge and attributed the case to enmity. Muhammad Arif appellant gave the following background of enmity with the complainant party:-- "I have been falsely involved due to long-standing enmity with the P.Ws. In the first instance, my maternal-uncle Sardar Muhammad was murdered at the instance of Mian Abdullah who was uncle of Mian Sarwar and father of Qudrat Ullah P.W. then this Mian Abdullah was murdered and my maternal-uncle Bashir Ahmad, my Khalu Muhammad Tufail alongwith others were involved for that murder but were acquitted. Then Mauj Din a cousin of my mother was murdered in which Sarwar alongwith others were challaned and acquitted. Then Muhammad Hussain son of Mauj Din was murdered in which Sarwar alongwith Farzand, Qudrat Ullah, Sardar Ali and Ghulam Muhammad sons of Abdullah were challaned and acquitted. Then Sarwar was murdered in which Tufail and Mustafa first cousins of my mother alongwith my co-accused Ghulam Qadir alias Gaman and Shaukat were challaned, which case is still pending. After the murder of Sarwar, Aslam deceased injured Nazar Muhammad Dhool with fire shots for the reasons that this Nazar belonged to the party of my Khalu Muhammad Tufail. Aslam deceased alongwith others were challaned in that case which is still pending. All the P.Ws: are related inter se and belonged to the family of the deceased while. Sharif P.W. is their servant and living with their family since long, and is under his influence. This was also adopted by the other accused. They examined Muhammad Ashiq, Head Constable D.W.1 in their defence who proved F.I.R. No.81, dated 21-6-1954 pertaining to the. murder of Mauj Din in which Sarwar alongwith others was challaned. He also proved F.I.R. No.7, dated 7-1-1989, registered on the report of Nazir Ahmad for the injuries to Nazar Muhammad Dhool in which Aslam alias Laddu was the accused. Muhammad Aslam Khan, D.S.P., Chunian was examined as C.W.1 and Muhammad Ali, Inspector as C.W.2. Muhammad Aslam Khan C.W.1 stated that he had reported to the S.P. Kasur about the innocence of Ghulam Qadir alias Gaman, Ahmad Din alias Ahman and Anwar Shah (since acquitted).

9. Relying upon the ocular testimony and the motive the learned trial Court convicted and sentenced the appellants as discussed above. The recoveries of crime-empties from the spot and that of rifle at the instance of Muhammad Arif were not given any importance because the crime-empties were not sent to the Forensic Science Laboratory for comparison with 7 mm rifle.

10. Ahmad Din and Ghulam Qadir appellants are real brothers while Muhammad Arif appellant is their sister's son. The eye-witnesses are also closely related to each other. Ghulam Sabir P.W.6 and Muhammad Anwar P.W.7 are real brothers while Muhammad Sharif P.W.8 was an employee of P.W. Ghulam Sabir.

11. It is contended that the appellants had been falsely involved because of the existence of long-standing enmity between the parties. The deceased had other enmities also and might have been murdered by any of his enemies. In this context reference is made to F.I.R. No.7, dated 7-1-1989 pertaining to the injuries caused to Nazar Muhammad Dhool by the deceased with fire-arm. Admittedly, the incident in question had taken place during daytime in a Mandi. It is in evidence that shops around the place of occurrence were open but no witness from the said shops was produced at the trial. There is a conflict between the medical evidence and the ocular evidence, entry and exit wounds were mentioned as two separate injuries. This fact shows that the occurrence was not witnessed by the persons produced by the prosecution but the story was concocted after the post-mortem of the deceased. Anwar Shah accused to whom the injuries of Muhammad Anwar P.W. were attributed, was acquitted by the learned trial Court. If Muhammad Anwar P.W.7 has not been believed against the person allegedly causing injuries to him, how can he be believed against others.

12. The motive is also uncertain. It is stated that Ghulam Qadir appellant had been released on bail in the case pertaining to the murder of Muhammad 8 Sarwar father of Ghulam Sabir complainant. If that was so, the complainant party would be interested in his murder and not he. It is well-settled that a person having a motive to falsely implicate another, is an interested witness and efforts should be made to seek independent corroboration of his testimony C before acting upon the same, but in the instant case no such corroboration is forthcoming. Ghulam Sabir P.W.6 and Muhammad Anwar P.W.7 are real brothers while Muhammad Sharif P.W.8 is their servant. Though independent persons in the shops, situate in the vicinity of place of oceurre-ce, were available yet they were not examined as witnesses. The statement of Muhammad Aslam Khan, D.S.P., Chunian (C.W.1) has made the case very p doubtful. According to him he had reported to the S.P. about the innocence of Ghulam Oadir alias Gaman, Ahmad Din alias Ahman and Anwar Shah accused. As already stated above, the recoveries of crime-empties and that of rifle at the instance of Muhammad Arif appellant are without any significance because they were not sent to the Forensic Science Laboratory for comparison. In the circumstances, discussed above, the prosecution has failed to prove its case against the appellants beyond reasonable doubt. Accordingly, I accept their appeals, set aside their convictions and sentences and acquit them of the charges. They shall be released forthwith, provided they are not required to be detained in any other case. N.H.Q./M-1729/L Appeals accepted.