1994 P Cr (PLP)

Date of hearing 19th September, 1993. The appellant Pir Muhammad, son of Gulab Ansari was tried by the learned IInd Additional Sessions Judge, Khairpur who by his judgment, date 17-3-1983 convicted the appellant under section 302, P.P.C. and sentenced hit to imprisonment for life and fine of Rs.5,000 and in default of payment of fin to undergo R.I. for 2 years more. The appellant has challenged his said conviction and sentence under this appeal. The offence took place on 13-4-1979 at 8-00 a.m. and was reported o the same date at 10-00 a.m. by P.W.4 complainant Muhammad Meenhal E Police Station Pir Jo Goth in respect of murder of Darya Khan. The case of the prosecution is that deceased Darya Khan alongwit complainant Muhammad Meenhal, Allah Bux, Gulab and Allah Warayo wer going to Kot Mir Muhammad. On the way P.W. Gulab and P.W. Allah Bu slowed down while the complainant, P.W. Allahwarayo and the deceased wer going ahead. They saw that the appellant Pir Muhammad was already standin there with hatchet and as deceased Darya Khan passed by the appellant, h immediately attacked the deceased causing him hatchet injuries, i consequence of which Darya Khan fell on the ground but the accused agai cont44exl to give him blows. The witnesses raised cries but accused alongwit hatchet managed to run away. Thereafter, they saw Darya Khan had injurie and after a short while he expired. The complainant leaving the witnsses behind went and informed Wadiro Muhammad Siddiq and brought him to the place of Wardat, who advised him to lodge the report. Accordingly the report was lodged by the complainant which was recorded by S.H.O. Muhammad Bashir. The motive advanced by the complainant was that appellant Pir Muhammad was in possP.ssion of a piece of land which was evacuee. The same land was about to be purchased by the deceased and on account of that, the appellant killed the deceased. After registration of the case, the investigation was taken up by the S.H.O. Muhammad Bashir, who arrested the appellant on the same day under memo. Exh.20 and from the possession of the appellant his shirt, loin-cloth, and hatchet was also recovered. He had also inspected the place of Wardat and prepared memo. Exh.18. He also sent the blood-stained articles to the Chemical Examiner, and the report was produced by him as Exh.25. After examining all the material witnesses, he submitted the challan. At the trial the prosecution examined P.W.1 Allahdino Tapidar. Ocular account was furnished by P.W. Allah Warayo, P.W. Gulab, P.W. Muhammad Meenhal and P.W. Allah Bux. P.W. Muhammad Siddique is the Mashir in whose presence the appellant was arrested. P.W. Dr. Abdul Sattar is Medical Officer, who conducted the post-mortem examination Exh.23 and finally P.W. Muhammad Bashir is the Investigation Officer. Vide Exh.26 the prosecution closed its side and thereafter the appellant was examined under section 342, Cr.P.C. as Exh.27. His case is of bare denial and he claimed to be innocent. However, he has examined defence witness Ghulam Muhammad in order to show that one Mst. Andi was relative of Dur Muhammad who was killed by her sons. Deceased Darya Khan was witness in that case and he was asked by Dur Muhammad and others not to give evidence and on account of that he has been killed. After the conclusion of the trial that appellant was convicted and sentenced by the trial Court. The conviction of the appellant has been recorded on ocular evidence, medical evidence and evidence of recovery. The report in this case was lodged promptly, all the four witnesses have implicated the accused. P.W. Gulab has given a slightly divergent statement. He has stated that he and Allah Bux were following the complainant and the deceased who was about 60-70 paces ahead of them. He further states that there were two/three other persons also and from a little distance, they had seen that Darya Khan was lying dead in the date trees in the land of Mian Hassan. He states that it was the complainant who informed him that accused Pir Muhammad had caused injuries to Darya Khan and ran away. As this witness has given a different version therefore, out of abundant precaution, his evidence is not to be taken into consideration. However, he had also shown P.W. Allah Bux to be with him but apart from it, P.W. Allah Bux has implicated the accused and has further gone to state that all the four witnesses had seen Pir Muhammad giving blows to the deceased. As P.W. Gulab has mentioned that P.W. Allah Bux was with him, if we exclude the evidence of both these withesses, we are still left with the evidence of P.W. Allah Warayo and P.W. Muhammad Meenhal. There is no reason to disbelieve those two witnesses whose evidence is straightforward and confidence?inspiring. They have also stood the test of cross-examination by the defence counsel who failed to shake their credit. The evidence of the eye-witnesses is corroborated by the medical evidence regarding the manner of injuries caused by the appellant. The Medical Officer Dr. Abdul Sattar conducted the post?mortem of the deceased and found there were nine incised wounds on the person of deceased which means that the said injuries were caused by a sharp?cutting weapon. He found four injuries around the head of the deceased while iest of the injuries were on the lower side of the torso. It may be mentioned that the witnesses have stated that the appellant had caused several blows on the body of the deceased. After the deceased fell down, the accused caused injuries on his legs. Three injuries have been detected on the legs. It will thus appear that the medical evidence corroborates the version given by the eye?witnesses. The appellant was arrested on the same day of the incident at 6-00 p.m. vide Mashirnama Exh.20 and the clothes of the appellant were found to be blood stained, as such the shirt and the loin-cloth of the appellant was secured and sealed by the police. The appellant also had hatchet which on examination was also found to be blood-stained. The same was also secured and sealed under the same Mashirnama. These articles were sent by the Investigating Officer for chemical examination and the chemical report has been received which indicates that the hatchet and the clothes of the appellant were stained with human blood. The recoveries of these items were made by the police and the presence of two witnesses one of them has been examined as P.W.6 Muhammad Siddique. This witness has stated that the complainant had also informed him about the incident, and therefore, he came at the spot, thereafter police took him with them and arrested the appellant on the same day. He has testified to the fact that the appellant was arrested in his presence and that of co-Mashir Rahim Dino and in their presence the clothes and the hatchet were secured by the police. As such the evidence of recovery is fully proved. These articles were sent to Chemical Examiner who has certified that they are stained with human blood. The position is that there is ocular evidence against the appellant which is corroborated by strong evidence of recovery. There is further corroboration through the medical evidence, as such the prosecution has successfuly brought home the charge against the appellant. In these circumstances, I do not find any merit in this appeal and the same is accordingly dismissed. However, the appellant has remained, in custody from the date of his arrest up to date for a period of about 8 years 11 months and 25 days. While computing his sentence this period should also be counted, under section 382-B, Cr.P.C. towards his substantive sentence. The appellant is on bail, his bail bond is cancelled. The trial Court is directed to cause the arrest of the appellant and remand him to custody to serve out his sentence.????????? N.H.Q./M-287/K??????????????????????????????????????????????????????????????????????????????? Appeal dismissed.