1999 PLP 2282 (MLD)

SH. ABDUR RAZZAQ, J.

On 19-9-1992 at about 7-15 p.m. when the complainant Muhammad Siddique (P. W.8) was proceeding towards his house from his shop alongwith his two brothers namely Hafiz Abdul Hamid and Muhammad Nazir alongwith his cousin Muhammad Sarfraz (P.W.9); the accused-appellant (Mehmood alias Mithu) armed with pistol alongwith Kamran alias Kami, Tausif alias Bava and Muhammad Boota armed with pistol confronted them. Kamran alias Kami raised Lalkara whereupon all the aforementioned persons resorted to firing. The shot fired by Kamran alias Kami hit Hafiz Abdul Hamid (deceased) on the left side of his chest, while fire shot of Mehmood Alain alias Mithu hit Sadiq Masih on his left shoulder who was also present near the complainant at the time of occurrence. The fire shot of Muhammad Boota and Tausif alias Bava accused hit Muhammad Shabbir P.W. on his legs.

2. The motive for the occurrence was that Hafiz Abdul Hamid (deceased) had demanded outstanding amount from Kamran alias Kami accused which was due from him, at which altercation and exchange of abuses took place between them. Kamran alias Kami accused threatened Hafq Abdul Hamid (deceased) to teach him a lesson and consequently brought his co-accused with him and committed the instant occurrence resulting into the death of Hafiz Abdul Hamid and Sadiq Masih.

3. Both Hafiz Abdul Hamid and Sadiq Masih alongwith Muhammad Shabbir were removed to Civil Hospital, Kamoke where Hafiz Abdul Hamid and' Sadiq Masih succumbed to the injuries before any medical aid could be provided to them. Muhammad Shabbir injured was admitted in hospital.

4. Hameed Ahmad Alvi, Inspector (P.W. 11) was posted as S.H.O., Police Station, Kamoke on 19-9-1992. He received the information about this occurrence while he was patrolling at G.T. Road. Accordingly he proceeded to Civil Hospital, Kamoke where on the statement of Muhammad Siddique prepared complaint Exh.P-B/l and sent the same to the police station for formal registration of F.I.R. through Ghulam Rasool, Constable. He examined the dead bodies of Hafiz Abdul Hameed and Sadiq Masih, prepared their statement of injuries Exh.PK and Exh.PL and inquest reports Exh.PK/1 and Exh.PL-1 respectively. Moved applications for conducting their post-mortem examinations Exh.PM and Exh.PN, despatched the dead bodies for post-mortem examinations through Muhammad Ashiq and Muhammad Saleem, Constables. He thereafter proceeded to the place of occurrence, secured blood-stained earth from the place of occurrence pertaining to Hafiz Abdul Hamid and prepared memo. Exh.PG. He also secured blood-stained earth pertaining to the murder of Sadiq Masih and made into a sealed parcel vide memo. Exh.PH. He prepared a rough site plan of the place of occurrence Exh.PO and recorded the statements of witnesses. On 20-9-1992 Muhammad Aslam, Constable produced last-worn clothes P-1 to P4 of Sadiq Masih which he secured vide memo. EXh.PA. Last-worn clothes P-5 to P-7 of Hafiz Abdul Hamid deceased were also produced which he secured vide memo. Exh.PF. He handed over the parcels to Moharrir on 21-9-1992. He got the site plans Exh.PC and Exh.PC/1 prepared from Arif Hussain Ayyaz, Drafts man P.W.5 who delivered the same to him on 24-9-1992. On 25-9-1992 he recorded the statement of Muhammad Shabbir injured in the hospital. On 30-9-1992 he arrested accused Kamran alias Kami, Tausif alias Bava, Mehmood Alam alis Mithu and Muhammad Boota. He continued investigation till 1-11-1992 and thereafter it was transferred from him and was entrusted to Riaz Mehmood, Inspector (P.W.12). On 13-11-1992 Kamran alias Kami accused led to the recovery of pistol P-8 from the graveyard which was secured vide memo. Exh.PI. The accused Mehmood Alam alias Mithu also led to the recovery of pistol .30 bore P-9 which was secured vide memo. Exh.PJ. Thereafter, the investigation was transferred from him. After completion of investigation the challan was submitted in the trial Court.

5. A charge under section 302/324/34, P.P.C. was framed against the accused to which they pleaded not guilty and claimed trial.

6. To bring home guilt to the accused prosecution examined P.W.1 Siddique Masih who deposed that Sadiq Masih was his father and he identified his dead body at the time of his post-mortem examination. After the post- mortem examination his last worn clothes P-1 to P-3 and a sealed phial was given to Muhammad Aslam, Constable who produced the same before the Investigating Officer and who secured it vide memo. Exh.PA. Muhammad Ali P.W.2 identified dead body of Hafiz Abdul Hamid at the time of post-mortem examination. Muhammad Asghar, Constable P.W.3 deposed that on 6-10-1992 he was given two sealed parcels containing blood-stained earth by Abdul Rahim Moharrir for its delivery in the Office of Chemical Examiner, Lahore. Abdul Rashim, A.S.I., P.W.4 deposed that on 19-9-1992 on the basis of complaint he drafted the formal F.I.R. Exh.PB which bears his signature. He further deposed that on 6-10-1992, he delivered two parcels to Muhammad Asghar, Constable (P. W.3) for onward transmission to the Office of Chemical Examiner, Lahore, on 2-12-1992 he was given two parcels containing pistols for keeping the same in the Malkhana. Arif Hussain Ayas P. W.5 is the draftsman who visited the place of occurrence on 21-9-1992, prepared site plans Exh.P-C and P-C/1 and delivered the same to the Investigating Officer. Dr. Amjad Iqbal Burq P.W,6 deposed that on 20-9-1992 he conducted the post-mortem examination of Sadiq Masih and found the following three injuries on his person: (1) A fire-arm wound of entry 0.5 c.m. x 0.5 c.m. x D.N.P. with balckened and inverted margins on lateral side of left arm in middle; (2) A fire-arm wound of entry 0.75 c.m. x 0.75 c.m. x D.N.P. with everted margins on medial side of left arm in middle. (3) A fire-arm wound of entry 0.75 c.m. x 0.75 c.m. x D.N.P. with inverted and blackened margins on front of left chest 10 c.m. inferolateral to left nipple. In his opinion death was due to injury No.3 which was sufficient in the ordinary course of nature to cause death. He gave probable time between injury and death as immediate whereas between death and post-mortem examination between 12 to 24 hours. He produced true carbon copy of post-mortem examination report Exh.P-D and its diagram Exh.P-D/1. He further deposed that on the same day he conducted the post-mortem examination of Hafiz Abdul Hamid son of Haji Muhammad Iqbal which was identified by Muhammad Shabbir and Muhammad Jamil. He found the following injuries on his person: -- (1) A fire-arm wound of entry 0.75 c.m. x 0.75 c.m. chest cavity deep circular inverted and blackened margins on front of left chest 8 c.m. superomadial to left nipple 10 c.m. lateral to medial plane of sterna. (2) A fire-arm wound of exit 1.5 c.m. x 1.5 c.m. x chest cavity deep everted margins on back of left chest 5 c.m. below the inferior angle of left scapula. In his opinion death was due to injuries to vital organs, haemorrhage and shock as a result of both injuries which proved fatal and were sufficient to cause death in the ordinary course of nature. Probable time which elapsed between injuries and death was immediate whereas between death and post-mortem examination was between 12 to 24 hours. He produced carbon copy of post-monem examination report and sketch of injuries Exhs.P-E and P-E/1 respectively. Muhammad Saleem, Constable P. W.7 deposed that he escorted the dead body of Hafiz Abdul Hanud for post-mortem examination which was conducted on 20-9-1992. He was given last-worn clothes of deceased P-5 to P-7 which were secured by the Investigating Officer vide memo. Exh.P-F. He was also given last-worn clothes of Sadiq Masih deceased P-1 to P-3 and phial P-4 P.P.C. to R.I. for 10 years and is further directed to pay the amount of Dtyat amounting to Rs.98,743.62. However, he is extended benefit of section 382-B, IP` Cr.P.C. With this modification in conviction and sentence, the appeal is dismissed.

15. Revision petition has been. found to be without substance and is dismissed.

16. Kamran alias Kami, the condemned accused absconded after the incident and did not prefer appeal the Murder Reference, consequently, has been heard with assistance of learned counsel for the State and we answer the same in affirmative. Perpetual warrants of arrest of Kamran alias Kami shall issue and District Magistrate, Gujranwala shall take necessary steps for its execution. H.B.T./M-894/L Order accordingly.