2017 P Cr (PLP)

SHAHNAWAZ TARIQ, J.

Through captioned Crl. Acquittal appeal, appellant Azizullah has impugned judgment dated 23.04.2015, passed by the learned Ist Additional Sessions Judge, Ghotki in Sessions Case No.189/201 Re. State v. Allah Bux Labano and others, whereby respondents Allah Bux and Amanullah were acquitted from the charge.

2. Necessary facts spelt out from instant appeal are re produced as under; "There is dispute with the Allah Bux over matrimonial affairs, on which they were annoyed and used to say that they will see us. On 30.01.2014 I along with my brother Bashir Ahmed were going towards our village from Ghotki on Motorcycle while my son Qudratullah who after closing the Amara High School Ghotki also accompanied with us, when at about 2.45 hours reached near Engro Godown at G.T. Road, where accused namely Allah Bux son of Bilawal alias Bahadur,

2. Amanullah,

3. Hakim both sons of Abdul Sattar,

4. Abdul Qadeer son of Allah Ditto Labano by caste resident of Village Pinyoon Labano Taluka Ghotki came down from standing Rikshaw, then all the accused took out the pistols from their folds, they stopped us, and asked that today they teach us lesson, by saying so the accused Allah Bux got down my son from the cycle, and caused Butt blows of pistols to him, which hit him on his upper lip and on mouth, blood was oozing thereafter all the accused went away by boarding on the same Rikshaw, then we due to fear of lives remained calm, and brought injured, got letter for treatment from Police Station and went to Taluka Hospital Ghotki wherefrom got first aid and was referred for better treatment to Sukkur, where he remained admitted, hence complainant appeared at P.S and lodged FIR".

3. Learned Counsel for appellant contended that learned trial Court has not properly examined the material available on record and after recording evidence of appellant and his witnesses has acquitted the accused without any legal justification; that appellant entered into compromise with co-accused Abdul Qadeer alias Qadeer Ahmed and such compromise was placed before the Court of learned Sessions Judge Ghokti, same was accepted and accused was acquitted from the charge; that appellant has not settled his dispute with both the respondents, hence recording of evidence was essential as allegations leveled in the FIR are supported with medical certificate which also proves the nature of injury as "ITLAF-I-TOOTH".

4. While controverting the above submissions, learned Counsel for respondents contended that respondents are innocent and have been falsely implicated by the appellant in the instant crime as they are close relatives and disputed over matrimonial affairs as well as landed property and such Civil Suits are pending before learned Court of Senior Civil Judge, Ghotki; that Mst. Sahib Khatoon filed direct complaint against appellant and others which was brought on record on 29.01.2014 while alleged incident has been managed on 30.01.2014 only to pressurize the respondents not to pursue said complaint; that the main dispute of the appellant was going on with Abdul Qadeer alias Qadeer Ahmed with whom appellant has already entered into compromise. Learned Counsel for respondent relied upon case of Sabir Zaman and 2 others v. The State and another (2014 PCr.LJ 1106).

5. Learned APG contended that there is no allegation against the respondent No.2 Amanullah, however appellant has already entered into compromise with co-accused Abdul Qadeer alias Qadeer Ahmed before the Court of Sessions Judge; that respondent No.1 caused butt blows of pistol to PW Qudratullah aged about 15 years in front of appellant and other witnesses but none of them rescued the minor which is not appealing the prudent mind; that there is delay of about 20 days in the lodgment of the FIR for which no plausible explanation has been furnished by the appellant, and even medical certificate was received by the appellant on 10.02.2014, but he approached police on 25.02.2014 which also proved after though on the part of appellant; that there is no probability of conviction of the respondents on the strength of evidence available on record; that respondent No.1 was never involved in any criminal case. Learned APG supported the impugned judgment.

7. Heard learned Counsel for parties and perused the material available on record prudently.

8. Perusal of record reflects that parties are close relatives and factum of animosity is reflected from the averments of FIR, that they are disputed over matrimonial affairs as well as on the landed property and such Civil Suits are pending before the Court of Senior Civil Judge Mirpur Mathelo. Admittedly, Mst. Sahib Khatoon real sister of appellant filed direct complaint against appellant and others which was brought on record on 29.01.2014 by the Court of Judicial Magistrate Ghotki. Perusal of FIR reflects that alleged incident occurred on 30.01.2014 but appellant approached concerned police on 20.02.2014 regarding lodgment of FIR even he received medical certificate on 10.02.2014 and no plausible explanation has been furnished by the appellant regarding lodgment of the FIR with delay while parties are well-known to each other. Per medical certificate dated 10.02.2014 vide MLC No.89/2014 "Right Lower central incisor tooth is loose, seen in clinical examination. There is no significant effect of injury on teeth of lower and upper jaws" Per medical report, tooth of injured was not broken but due to causing of external force it was loose. Indeed, appellant entered into compromise with main accused Abdul Qadeer alias Qadeer Ahmed before the Court of learned Sessions Judge and such statement was recorded on 03.06.2014 and on same date case against was disposed of against him by way of compromise vide order dated 03.06.2014. Perusal of record further reflects that no specific allegations have been leveled against respondent No.1 Amanullah and mere his presence will not be presumed that he had participated in the alleged offence. It is significant to mention that at the time of alleged offence, appellant and his brother Bashir Ahmed were available at the spot but alleged respondent No.1 Allah Bux caused butt blows on the lips of the injured Qudratullah who is real son of the appellant but none of them rescued the injured from clutches of the accused and such demeanor is not convincing the prudent mind and against the human feelings.

9. Bare perusal of impugned order emanates that learned trial Court has passed a just and proper order by examining all the aspects of the controversy and there is no probability of accused being convicted on the basis of material brought on record brought during course of trial, hence further trial would be futile exercise. It is well settled that such cases must be buried at their inceptions.

10. Considering the above circumstances, appellant has failed to point out any illegality or material infirmity in the impugned judgment passed by learned trial Court, hence same does not call for any interference and is maintained. Consequently, instant acquittal appeal stands dismissed. WA/A-150/Sindh Appeal dismissed.