1985 PLP 198 (SCMR)

ASLAM RIAZ HUSSAIN, J.-- Haji Gul Muhammad has filed the present petition against the acquittal of Muhammad Ramzan respondent of the charge under section 302, P.P.C.

2. Muhammad Ramzan was accused of murdering Abdul Hamid on 12-11-1974 at the sunset time at Chah Shamirwala, Police Station Kabir wala, District Multan. The F.I.R. was lodged on the same day by Haji Ghulam Rasool a brother of the deceased (who has since died). It was recorded by Muhammad Afzal, S.I. (P.W.9). 3: The facts of the prosecution case as stated by Haji Ghulam Rasool, complainant, in the F.I.R. are that he was present at his Dera at about sunset time on 12-11-1974 when Sikandar P.W.6 came and informed him that he and 7afar P.W.5 were returning from Qita Altaf Hussain after purchasing firewood and when they reached near the place of occurrence they saw Muhammad Ramzan (respondent) giving Kasai blows -to Abdul Hamid as a result of which he died. The complainant thereupon accompanied Sikandar P.W. along with some other persons, to the spot and found his nephew Abdul Hamid lying murdered. Blood stained Kassi was also lying nearby. They also noticed that the dead body of Muhammad Hussain, a brother of Muhammad Ramzan respondent, was lying in a Khal at some distance. It may be mentioned that the accused-respondent had not run away after murdering Abdul Hamid, but was still standing there. On inquiry he told the P.Ws. that he had murdered Abdul Hamid because the latter was attacking his brother Muhammad Hussain deceased with a, knife. The complainant thereupon went to the Police Station and reported the matter, as stated earlier, to Muhammad Afzal, S.I. After recording the F.I.R. the S.I., went to the spot. He collected blood-stained earth from the place of occurrence. He also took into possession the blood-stained Kassi (P.1). He arrested Muhammad Hamzan respondent-accused who was present at the spot and got his blood-stained Chadar (P.3), and shirt (P.4), removed and took the same in possession. The dead bodies of Abdul Hamid (nephew of the complainant) and Muhammad Hussain (brother of the respondent), were sent for post-mortem examination. A blood-stained Chhuri (P.5), was produced before him by Allah Bakhah who had found it lying in the nearby cotton field. This was the knife with which Abdul Hamid is said to have murdered Muhammad Hussain deceased (brother of the respondent). This knife was also found by the Serologist to be stained with human blood.

4. At the trial the prosecution relied on the testimony of Zafar (P.W.5) and Sikandar (P.W.6), which was corroborated by the afore mentioned recoveries of blood-stained clothes of the accused-respondent and the blood-stained Kassi (P.1) as also by the medical evidence.

5. The learned trial Court convicted Muhammad Ramzan respondent under section 304-I, P.P.C. and sentenced him to 7 years' R.I., and a fine of Rs.5,000 or 2 years' further R.I., in case of default of payment of fine. Muhammad Ramzan respondent filed an appeal before the High Court which was accepted and he was acquitted of the charge, altogether. Feeling aggrieved, the father of Abdul Hamid, deceased, has filed the present petition against the acquittal of Muhammad Ramzan respondent.

6. We have heard the learned counsel for the petitioner at some length and have also gone through the impugned judgment. We notice that the learned High Court came to the conclusion that the occurrence took place at about 8.00 p.m. that it was an un-witnessed occurrence and that the two eye-witnesses being chance witnesses, could not be believed. The High Court, however, believed the recoveries but observed that these merely constituted corroborative evidence of the ocular testimony and respondent's conviction could not therefore be based on the recoveries alone. It is for this reason that the High Court' acquitted the respondent.

7. We are, however, of the view that the presence of dead body Muhammad Hussain, a real brother of Muhammad Ramzan respondent,, near the dead body of Abdul Hamid deceased and the recovery of the blood-stained knife from a nearby field, coupled with the fact that after committing the murder of Abdul Hamid, Muhammad Ramzan respondent did not abscond but remained at the spot till the arrival of the complainant and other witnesses as well as the police, is sufficient to raise a reasonable doubt that as pleaded by him in defence, Muhammad Ramzan respondent had given Kassi blows to Abdul Hamid (deceased) in defence of his brother Muhammad Hussain, who was being attacked by the former, i.e., Abdul Hamid. The principle enunciated by this Court in Safdar Ali's case P L D 1953.F C 93, is fully attracted to they case of the respondent. We are of the view that the respondent's case' is covered by the provisions of section 103, P.P.C. and the respondent deserved to be acquitted. As such the present petition does not merit any interference by this Court. The petition is consequently dismissed. M . Z . M . Petition dismissed.