1988 PLP 455 (SCMR)

ASLAM RIAZ HUSSAIN, J.--The facts giving rise to the present petition are, briefly, as follows:- One Wahid Bakhsh was murdered at 6-30 a.m. on 24-10-1978 in village Mohripur, Tehsil Kabirwala, District Multan. The matter was reported to the police by Muhammad Aslam son of the deceased.

2. Motive for the offence was stated to be that the deceased had obtained a decree of Rs.12,000 against father of the accused persons who, therefore, nursed grudge against him.

3. Prosecution case briefly stated is that on 24-10-1978 at 6-30 a.m., Muhammad Aslam complainant alongwith his father Wahid Bakhsh (deceased) was going on a cycle being biked by his father while he was sitting on its carrier. When they reached near the cotton field of Mehr Salamat and were being followed by Khuda Bakhsh and Ramzan (P.Ws.) while sitting on a cycle, when from the cotton field of Mghr Salamat, Zafar, Asghar and Akram accused surprised them. Zafar was armed wish a hatchet and the remaining accused were armed with Sotas. The accused raised the Lalkara to father of Muhammad Aslam that he would not go escaped. Akram accused gave a Sota blow on the back of the head of his father who fell down from the cycle. His father ran towards the north and the accused followed him. In the field of Sher Muhammad, Asghar accused gave a Sota blow on the left leg of his father, Zafar accused gave a hatchet blow from the sharp side which hit the right ear of his father. Wahid Bakhsh fell down. In that position Zafar accused gave the hatchet blows with its blunt side and the remaining accused gave Sota blows on the person of his father. Their alarm attracted Khan Muhammad P.W.11 as well as Ramzan and Khuda Bakhsh P.Ws. After the occurrence the accused fled away alongwith their respective weapons. Wahid Bakhsh was admitted in the hospital on 24-10-1978 and died on 29-10-1978 in Nishtar Hospital, Multan.

4. At the trial the prosecution produced two eye-witnesses namely (1) Khan Muhammad (P.W.11) and Muhammad Aslam (PW.12), and recovery of hatchet and Sotas from the 3 accused-respondents which were found to be stained h human blood. It also relied on the medical evidence (which showed that as many as 15 injuries with sharp-edged and blunt weapons had been inflicted on the person of the deceased) and the motive. The accused denied their guilt and stated that they had been falsely implicated.

5. The learned trial Court believed the prosecution version; convicted and sentenced each of the accused to death under section 302/34, P.P.C. On appeal, however, the High Court vide the impugned judgment dated 15-3-1984 acquitted all of them of the charge under section 302/34, P.P.C. and convicted them as follows:- (1) Zafar u/s 325/34, P.P.C. 7 years' R.I. each and a fine of Rs.1,500 each. (2) Asghar u/s 324/34, P.P.C. 1 year R.I. and a fine of Rs.500 each. (3) Akram u/s 323/34, P.P.C. 1 year R.I. and a fine of Rs.500 each. The reason for doing so has been recorded by the learned High Court in paragraphs 20and 21 of the impugned judgment, crux whereof is that although the deceased was in the grip of the accused respondents yet they did not ill him outright but only caused him a large number of injuries which subsequently resulted n his death. The injuries found on the person of the deceased may be reproduced here for facility of reference:- (1) A contused wound on the vertex of the head 2" x 1/2" x bone deep obliquely. (2) Contusion mark on the back of head neck right ear 2 " x 1 " obliquely. (3) Contusion mark on the forehead above right eye brow l " x 1" transversely. (4) Contused wound on the root of the nose 3/4" x I/4" transversely. (5) A lacerated wound on left side of the nose 3/4" x 1/4" x 1/4". (6) Contused wound below right eye curved, in shape 1 " x bone deep. (7) Incised wound on the outer side of injury No.6 vertically 1" x 1/5" x 1/2". (8) Contused wound on the palmor surface of left hand and little finger 3" x 1 " x bone deep with fracture of the bone underneath. (9) Contusion mark on the back of right fore-arm 3" x 1" transversely. (10) Contusion mark on the back of right fore-arm 3" x 1" transversely. (11) Contused wound on the front of left leg lower one-third with compound fracture of Tibia bone measuring 1 " x 1/2" bone deep obliquely. (12) Contused wound on the mid point of left leg on front 1 " x 1 " x 1/2" vertically. (13) Contused wound on the front of left leg mid point 4" x 1" transversely. (14) Contusion mark on the front of right leg mid point 4" x 1" transversely. (15) Contusion mark on the front of right thigh 5" x 1" vertically. (16) Contusion mark on the front of right thigh transversely 3" x 1" . (17) Contusion mark crossing injury No.16 2 " x 1". (18) Contused wound above right ankle joint 1 " x " vertically.

6. The learned counsel pointed out that some of the injuries are on the head. Moreover, doctor, Imtiaz Ahmad Khan PW.2, who had conducted the post-mortem examination has clearly stated that these injuries were "sufficient to cause the death of the deceased in the ordinary course of nature", which brings the case within clause 'thirdly' of 5.300, P.P.C. The counsel submitted further that in similar cases where death has been caused as a result of infliction of severe beating or numerous injuries caused to a person the assailants were found to be guilty of offence under sections 302/34, P.P.C. Reference in this connection may be made to Muhammad Amin and another v. The State (1971 SCNIR 766). A number of other judgments taking the same view have also been relied upon.

7. We are of the view that in the light of the above-noted authority and the number and nature of injuries on the deceased the matter needs further consideration by this Court. Leave is, therefore, granted to consider whether the High Court had applied the well-established principles of appreciation of evidence in criminal cases. S.Q./M-308/S Leave granted.