2003 PLP 1001 (SCMR)

TANVIR AHMED KHAN, J.

Leave to appeal is sought against the judgment, dated 2-11-2000 whereby a learned Single Judge of the Lahore High Court, Lahore, accepted Criminal Appeal No.165 J/2000 and acquitted Muhammad Iqbal alias Balla by extending him benefit of doubt. The facts briefly narrated are that F.I.R. No.629 of 1996 was got recorded on 22-9-1996 at 8-25 a.m. at Police Station Tandalianwala, District Faisalabad, at the instance of Kameer, father-in-law of respondent No. 1 Muhammad Iqbal alias Bala. It was alleged by him that on a family dispute said Iqbal raised a Lalkara that Mst. Ameeran Bibi, his wife, would be taught a lesson for abusing his mother. Soon thereafter he took out a pistol from his Dabb and fired at Mst. Ameeran Bibi which hit the back of her left ear. He escaped from the place of occurrence and the lady succumbed of the injuries. After usual investigation the challan was-submitted in the Court. The prosecution produced nine witnesses to establish its case. When respondent Muhammad Iqbal was examined under section 342, Cr.P.C. he denied his participation in the offence and professed innocence. The learned trial Judge, after evaluating the evidence brought on record, convicted him under section 302(b), P.P.C. for causing Qatl-i-Amd of Mst. Ameeran Bibi and sentenced him to imprisonment for life with a fine of Rs.10,000 or in default to undergo further simple imprisonment for six months. The respondent filed Jail Appeal No. 165-J of 2000 assailing his conviction and sentence recorded by the trial Court, which has been accepted by the learned Single Judge of the Lahore High Court, Lahore. Hence this petition has been filed by the wife of the complainant against acquittal of the respondent. We have considered the contentions raised by the learned counsel for the petitioner and have gone through the documents appended with this petition. Although this petition is barred by 258 days but in the interest of justice we have examined the same on merits as well. We A have noticed that the complainant Kameer died before the start of the trial .in this case and the prosecution examined Mst. Allan Bibi (P.W.5), widow of Kameer, and Mst. Naziran Bibi (P.W.6), daughter, to establish the ocular account. We have also noticed that the ocular account in this case is totally in conflict with the medical evidence. In the F.I.R, respondent Iqbal was stated to be armed with a .32 bore pistol which was got recovered at his instance on 24-9-1996 after his apprehension. However, according to the medical report, the deceased had one sharp edged injury on his person while another injury was inflicted with blurt weapon. The ocular account upon its deep appraisal does not inspire confidence and, as already stated, is in conflict with the medical evidence. Even the recovery of alleged pistol was of no consequence as no empty was recovered from the place of occurrence. The learned Single Judge has recorded cogent reasons for the acquittal of respondent. Learned counsel has failed to point out any material evidence connecting the respondent with the commission of offence. Furthermore, he has not been able to mention any legal infirmity in the impugned judgment warranting interference by this Court. Resultantly, in view of foregoing discussion, we see no merit in this petition which is accordingly dismissed and leave refused. M.H./A-270/S Petition dismissed.