1984 PLP 1419 (MLD)

5. Muhammad Hussain Shah A.S.I. P.W.14 then proceeded to the spot where Mst. Safia Bibi P.W.6, Talib Hussain P.W.8 Abdul Sattar (given up P.W.), Ismail (given up P.W.) and Riaz (given up P.W.) alongwith Muhammad Yahya, accused, were present. Mst. Safia Bibi P.W.6 produced the blood-stained Chaddar P.1 of the deceased, which the police officer took into possession vide memo P.G. The police officer took into possession blood-stained earth from the spot, vide memo P.L. He also arrested Muhammad Yahya, accused who was wearing blood stained shirt P.3 whidh was taken into possession vide memo. P.F.

6. The same day the police officer learnt about the death of Abdul Wahid, deceased. He accordingly proceeded to the hospital where, after preparing the necessary papers, he sent the dead body for post-mortem examination.

7. On 2-8-1979 at 2-57 P.M. Dr. Gulzar Ahmad P.W.10 performed the post-mortem examination on the dead body of Abdul Wahid deceased, and found the same injuries on the dead body as were found earlier by doctor Harbans Lai P.W.5. He found the tenth right rib, right lung, peritonium, diaphragm and liver cut. Death was due to shock and haemorrhage as a result of the incised wounds received on the right chest which was sufficient to cause death in the ordinary course of nature. Time between injuries and death was about eight hours and that between death and post-mortem examination about twenty seven hours.

8. On 6-8-1979, Muhammad Yahya, accused, led to the recovery of a blood-stained Chhuri P.2 which was taken into possession vide memo. P.E. in the presence of Muhammad Nazir P.W.7, Muhammad Hussain Shah A.S.I., P.W.14 and Yousaf Shah (given up P.W.).

9. After completing the necessary investigation the challan against the accused was sent up for trial.

10. At the trial, the prosecution produced Mst. Safia Bibi P.W.6 in proof of the motive and the ocular account, Talib Hussain P.W.8 and Mst. Safia Bibi P.W.6 in support of the capture of the accused at the spot and the recovery of the accused's blood-stained shirt P.3 from his person, Muhammad Hussain Shah A.S.I. P.W.14 and Mr. Farooq Chaudhry M.I.C. P.W.9 with regard to the dying declaration Exh. P.D.5 given by Abdul Wahid, deceased, Muhammad Hussain Shah A.S.I. P.W.14 with regard to the dying declaration Exh. PA/1 given by Abdul Wahid, deceased, Muhammad Nazir P.W.7 with regard to the recovery of the blood-stained Chhuri P.2 at the instance of Muhammad Yahya, accused and Dr. Harbans Lai P.W.5 and Dr. Gulzar Ahmad P.W.10 in support of the medical testimony.

11. The accused admitted that he and his deceased brother Abdul Wahid had sold their land for Rs. 70,000 and out of its sale proceeds had purchased two plots each and the remaining amount was deposited in bank, but denied the other allegations that were levelled against him, including the recovery effected at his instance. He denied that he had received injuries during the occurrence, but admitted that he had received the same in the course of his agricultural pursuit. He imputed his false involvement to the connivance of the witnesses with the police. He lastly submitted that Abdul Wahid, deceased, had committed lurking house trespass into the house of his neighbour Ghulam Ahmad Khokhar, where he was apprehended and injured by the said Ghulam Muhammad Khokhar.

12. The learned trial Judge, relying upon the motive, the ocular account, the capture of the accused at the spot with his blood-stained shirt, the recovery, the medical testimony, the two dying declarations by the deceased and the medical testimony, convicted and sentenced the accused as stated in para 1 above.

13. This is a Jail appeal. Kh. Muhammad Asghar, Advocate, has appeared for the State. With his assistance, I have gone through the oral and the documentary evidence. The ocular testimony is furnished by Mst. Safia Bibi P.W.6. Her narrative corresponds with the brief facts of the case, as submitted in pare 2 above, which need not be repeated. She was sleeping in her own house where the incident occurred and she was also injured in the incident. She, therefore, is a natural witness. Nothing has been brought out in the cross examination to snow that she was inimical to Muhammad Yahya, appellant, or had any animosity to falsely involve him on so grave a capital charge as murder. Notwithstanding the fact that she is the widow of Abdul Wahid, deceased, she is a natural and disinterested witness. Her evidence is clearly convincing and straightforward. It has the ring of truth. Her testimony alone therefore, is sufficient to bring home the charge of guilt to the appellant.

14. The statement Exh. P.A./I of Abdul Wahid, deceased, recorded by Muhammad Hussain A.S.I., P.W.14 under section 161, Cr.P.C. and the statement Exh. P.D./5 of the said deceased recorded by Mr. Farooq Chaudhry M.I.C. P.W.9, under section 164, Cr.P.C. clearly show that it was Muhammad Yahya, appellant, alone who was the assailant and none else. Muhammad Hussain Shah A.S.I. P.W.14 before recording the statement Exh. P.A./1 first made an application Exh. P.M. before Dr. Harbans Lal P.W.5 to certify that Abdul Wahid injured was fit to make a statement, which the doctor so certified, vide his endorsement Exh. P.M./1 on Exh. P.M. The statement Exh. P.A/1 was recorded by Muhammad Hussain Shah A.S.I. P.W.14 in the presence of Dr. Harbans Lai P.W.5 and the injured thumb marked the same in token of its correctness. This statement Exh. P.A/I corroborates the ocular testimony. Likewise, Mr. Farooq Chaudhry M.I.C. P.W,9 secured certificates Exh. P.D./1 and Exh. P.D./2 from Dr. Gulzar Ahmad, both before and after recording the formal dying declaration Exh. P, D. /5 of Abdul Wahid, deceased, to show that the deceased was in a fit condition before and during the time that his dying declaration was recorded. The dying declaration was recorded in the presence of Dr. Gulzar Ahmad P.W.10 and Abdul Wahid, deceased, affixed his thumb impression Exh. P.D./6 after his dying declaration also corroborates the ocular testimony of Mst. Safia Bibi P.W.6.

15. Muhammad Yahya, appellant, was captured soon after the occurrence by Talib Hussain P.W.8 and thereafter brought to the spot, from where he was formally arrested by the police officer. At the time of his arrest, the appellant had on his person blood-stained shirt P.3, which was taken into possession by the police. The capture of the appellant from near the spot immediately after the occurrence and his having on his person, a blood-stained shirt P.3 act as strong incrimina tory circumstance to show that the appellant committed the crime, as alleged.

16. The medical testimony furnished by Dr. Harbans Lal P.W,5 and Dr. Gulzar Ahmad P.W.10 clearly show that Abdul Wahid, deceased, and Mst. Safia Bibi P.W.6 suffered sharp edged injuries on their person, which could have been caused with a sharp edged instrument, like a Chhuri. The medical testimony, therefore, corroborates the ocular account.

17. The upshot of the above discussion is that the ocular account, the dying declarations Exh. P.A/1 and Exh. P.D./5 made by Abdul Wahid, deceased, the capture of Muhammad Yahya, appellant from the spot and the recovery from him of his blood-stained shirt P.3 and the medical testimony, prove the been to the hilt against the appellant. The appellant appears to have properly convicted and sentenced.

18. There being no merit in this appeal the same is dismissed. The benefit of the provisions of section 382-B, Cr.P.C. is hereby granted to the appellant. S. G. D. Appeal dismissed.