1994 P Cr (PLP)

MUHAMMAD NAWAZ ABBASI, J.

This judgment will dispose of Criminal Appeal No.116 of 1990,. Murder Reference No.193 of 1990 and Criminal Revision No.134 of 1990.

2. Ghulam Sarwar son of Muhammad Sharif, aged 16 years, alongwith his father Muhammad Sharif aged 50 years was tried under section 302/34, P.P.C. for the allegation of committing murder of Muhammad Tahir deceased, by the learned Additional Sessions Judge, Sahiwal, who vide judgment, dated 17-7-1990 convicted the accused Ghulam Sarwar under section 302, P.P.C. and awarded him sentence of death with a fine of Rs.20,000 or in default of payment of fine to undergo rigorous imprisonment for three years. Half of the amount of fine, if realised, was directed to be paid as compensation to the legal heirs of the deceased. Muhammad Sharif co-accused was acquitted giving trim the benefit of doubt.

3. Precisely the prosecution case as enclosed in the F.I.R Exh.P.A. lodged by Muhammad Shari father of deceased 0. 11W of 13-1,1-1988, an exchange of hot words took place between Muhammad Tahir deceased and the accused/appellant at 4-00 p.m. in the premises of Middle School of Chak No.60/5-L over the matter of casting votes. The deceased addressing to the accused reminded him of abduction of daughter of his uncle by Shaukat a Muslim Sheikh, whereupon they grappled with each other and the deceased slapped and gave fist blows to the accused. Later, at b-00 p.m. on the same day when the complainant, in. the company of Muhammad Tahir deceased, Muhammad Hanif, Nazir Ahmad and Muhammad Azhar P.Ws. was proceeding to the house of Mst. Sakina, his sister, the accused Muhammad Sarwar armed with a knife and his father Muhammad Sharif empty-handed met them near the wheat grinding machine of Master Safdar Ali Arain. Muhammad Sharif acquitted accused raised a Lalkara whereupon Ghulam Sarwar accused inflicted two successive knife blows to the deceased on his left pelvic region and chest. The deceased fell down injured and the accused fled away from the spat. The occurrence was witnessed by the P.Ws. in the light of electric bulb, who removed the injured to the D.H.Q. Hospital, Sahiwal, but he succumbed to the injuries before reaching hospital. A case was registered against the appellant and his co-accused vide F.I.R. Exh.PA. on the complaint lodged by Muhammad Shari.

4. Muhammad Yaqoob P.W.6 despatched the dead body for post-mortem examination which was conducted by Dr. S. Hafeez-ur-Rehman, Medical Officer, D.H.Q. Hospital, Sahiwal on 14-11-1988 who found the following injuries on the person of the deceased-- (1) A vertically placed stab wound on the front middle part of left chest at the level of left nipple 6 c.m. inner to the left nipple. (2) A horizontal stab wound on the outer upper part of left buttock. On dissection, subcutaneous tissues. under injury No.l and muscles with fourth and fifth costal cartilages were cut with cutting of the mediastinum and paricardium and the upper part of left heart. The paricardium cavity was full of blood. Blood was liquid as well as clotted. Injury No.2 was muscle deep. Stomach was healthy containing about rive ounces of semi-digested food. Small intestines contained gases and faecal matter. Bladder contained about 400 c.c. of urine. All other organs were healthy. In the opinion of the doctor death was caused due to injury to heart, extensive bleeding, and shock.

5. Muhammad Yaqoob P.W.6 prepared the injury statement Exh.P.E. and inquest report Exh.P.F. of Muhammad Tahir deceased in the hospital before the despatch of the dead body for post-mortem examination and thereafter visited the spot and prepared rough site plan Exh.P.G. He recorded the statements of the witnesses and arrested the accused on the same day, who appeared before him voluntarily. Ghulam Sarwar accused led to the recovery of the blood-stained knife P.4 from an almirah of his Baithak which was taken into possession vide memo. Exh.P.C. and was made into a sealed parcel. The last-worn clothes of the deceased were taken into possession vide memo. Exh.P.B. The last-worn clothes of the deceased and the sealed parcel of the knife P.4 were handed over to Muhammad Munir Head Constable to keep the same in safe custody in the Police Station Malkhana. He got prepared the site plans Exhs.P.H. and P.H./1 from Mirza Ashfaq 'Beg Draftsman P.W.7 and after completing the investigation submitted the challan.

6. At the trial, Muhammad Shafi complainant P.W.1 narrated the prosecution story as contained in the F.I.R. Nazir Ahmad P.W.2 corroborated Muhammad Shafi complainant P.W.1 on all material points and stated that he in the company of Muhammad Shafi complainant P-W.1, Muhammad Tahir deceased and given up P.Ws. was going to the house of Mst. Sakina to request her for vote in the election to the candidate of his choice when near Chowk Gulabanwala, Muhammad Sharif acquitted accused empty-handed and Ghulam Sarwar accused armed with a knife confronted them. On the rang of Lalkala by Muhammad Sharif co-accused, Ghulam Sarwar accused gave two successive knife blows on the left pelvic region of the body and the chest of the deceased. The medical evidence was furnished by Dr. S. Hafeez-ur-Rehman P.W.5 who opined that the death occurred due to extensive bleeding and injury to heart. The recovery of blood-stained knife P.4 was witnessed by Muhammad Siddique P.W.4 and Muhammad Yaqoob, Investigating Officer P.W.6. The remaining witnesses being of formal nature need not be discussed. The accused denied the prosecution allegations and pleaded false implication. To a question as to why this case against him and why the P Ws. have deposed against him, Ghulam Sarwar accused made the following answer:- The deceased was a notorious bad character and he used to tease the womenfolk of the village. He had molested Mst. Asghran Bibi, sister of Oasim and Akbar and many others of the village. Father of the deceased sent him abroad, but there too he displayed bad character and he was deported back to Pakistan. Some body murdered him in the ground of the village school. His body was lying in the school ground and was detected by some unknown persons. Later on the complainant being an American return person, influenced the police by his riches and they falsely concocted the F.I.R. The accused had no quarrel or altercation with the deceased. As the complainant party had no way out, the complainant party at the instance of our inimicals involved us in this case, because 40 years back our relative had been challaned for the murder of one person, who was related to the complainant party and he was acquitted. The complainant unjustifiably and cruelly has involved us in the present case. They have overwhelming influence in the entire village. He refuted the prosecution allegations. Muhammad Sharif acquitted accused also appeared in the witness-box as his own witness and pleaded false implication due to enmity. The learned trial Court believing the prosecution case against Ghulam Sarwar accused in toto and finding him guilty of the charge, convicted and sentenced him as stated above. Muhammad Sharif accused was extended the benefit of doubt and acquitted accordingly.

7. The learned counsel for the appellant contended that non-interference of the complainant, father of the deceased and other P.Ws. including Muhammad Hanif P.W.2 closely related to the deceased is a strong circumstance to infer that it was an un-witnessed occurrence. The complainant apart from deceased was accompanying with three other persons at the relevant time but none of them made an attempt either to save the deceased from the attack or apprehend the accused which conduct made their presence at the spot highly doubtful. He argued that passing of derogatory remarks by the deceased regarding the abduction of daughter of the uncle of appellant with a Muslim Sheikh before the occurrence, was to challenge his Ghairat which fact provided a strong mitigating circumstance in favour of the appellant to be considered for lesser punishment.

8. Conversely, the learned Assistant Advocate-General argued, that there was no previous enmity between the parties to suggest false implication. The eye-witnesses although related to the deceased but are natural and confidence inspiring. The medical evidence, the motive and recovery of blood stained knife P.4 at the instance of the appellant immediately after the occurrence furnished strong corroboratory evidence to the eye-witness account of the case.

9. The learned counsel appearing on behalf of the complainant submitted that there being interval of four hours between the incident of exchange of hot words and the occurrence, the two incidents cannot be interlinked for the benefit of the appellant in the matter of sentence.

10. We have considered the arguments advanced by the learned counsel for the parties and have carefully perused the record with their assistance.

11. The occurrence took place near. Gulabanwala Chowk at about 8-00 p.m. when the deceased in'the company of the P.Ws. was on his way to the house of his aunt Mst. Sakeena. The place of occurrence is within the vicinity, where the parties reside and it is common that during election days, the sympathisers of a candidate approach their relatives and neighbours to vote for their candidate. The complainant party was actively working for the Muslim League whereas the appellant side was interested in the candidate put by Pakistan Peoples Party, therefore, 8 p.m. was not the odd time for the P.Ws. to go to the house of Mst. Sakina to suggest their non-presence at the spot. The political rivalry is always a compelling element to continue canvassing till last moment, therefore. the presence of the P.Ws. with deceased at the relevant time with the purpose to go to the house of Mst. Sakina was natural. The appellant within a short span of time inflicted two successive injuries to the deceased without providing an opportunity to the empty-handed P.Ws. to interfere in the occurrence, which fact alone cannot be taken at a circumstance to draw an inference of non-presence of the P.Ws. at the spot. The attending circumstances conveniently with no doubt establish the presence of P.Ws. at the spot. The immediate removal of the deceased to the hospital by the complainant and Muhammad Hanif P.W.2 and proceeding of complainant to police station for lodging report from hospital with no loss of time giving detailed version of occurrence nominating the appellant with specific role, having no animus against him except the usual election rivalry ruled out the possibility of substitution or false implication. The relation inter se of the P.Ws. and the deceased itself with no previous background of enmity cannot be canvassed to be a ground to exclude their evidence from consideration or to declare them false witnesses. They with no addition or omission supported prosecution in the natural sequence consistent with the contents of F.I.R. Their evidence does not suffer from an infirmity or contradiction of the nature to create a slight dent in favour of the defence. The motive given by the prosecution and evidence furnished to prove it remained unchallenged. The weapon used in the occurrence was recovered immediately after the arrest of the appellant on the same day in the presence of Muhammad Siddique P.W.4, an entirely independent and reliable person, who is neither related to the deceased nor inimical to the appellant. The recovery of weapon of offence coupled with positive report of the Chemical Examiner and the Serologist provided strong corroboratory evidence to establish guilt of the appellant. The eye-witness account in the present case being of unimpeachable character is to be placed reliance without looking for any other confirmatory evidence. However, the motive and recovery of weapon of offence is an additional source to judge the credibility and truthfulness of the eye-witness. The learned counsel has not been able to bring any convincing circumstance either to doubt the presence of the P.Ws. at the spot or to disbelieve them to be the false witnesses. It shall be a fallacy even to think of substitution of the accused with known or unknown culprits in the present case. The witnessing of the occurrence by the P.Ws. and participation of appellant as an accused is proved beyond doubt: It is not an inflexible rule that the statement of an interested or an inimical witness can never be accepted without corroboration. Some time interest and truth might go together, therefore, corroboration is not always to be insisted upon to accept the evidence of an interested witness. Value to be attached to the statement of an interested witness, if found free from doubt or A an infirmity and the circumstances of the case, excludes possibility of implication of an innocent person. The rule of prudence in such circumstances requires to see, whether the witnesses saw the occurrence and could identify the culprits and they could be relied upon without corroboration. The test laid down by the superior Courts to judge the credibility of an interested witness without corroboration is fully satisfied in the present case. However, for the sake of safe administration of justice and as abundant caution to satisfy ourselves we while looking at the circumstances of case find that the evidence of motive, the medical evidence and recovery of blood-stained knife with positive reports coupled with the fact that no improvement was made by the E P.Ws. at the trial and lodging of report with no loss of time excluding any possibility of introduction of a fabricated story is sufficient confirmatory evidence. Taking the matter of sentence as canvassed by the learned counsel for the appellant we notice that there was no previous enmity between the parties. The trouble started with the exchange of hot words over the matter of canvassing for casting votes in favour of the choiced candidate, which ultimately took serious turn on the passing of derogatory remarks by the deceased vis-a-vis character of a young lady of the family of the appellant. Undoubtedly the occurrence took place after about four hours of this incident of exchange of hot words but the appellant being a young boy of about 16 years losing control to pocket or bear the insult, took extreme step to take revenge from the deceased. Insulting remarks touching character of a female of the family of appellant compelled him out of sheer sense of vindication of self I respect and family honour to commit murder, earning an advantage of lesser penalty. We accordingly not considering it a case of capital punishment, while maintaining the conviction of the appellant under section 302, P.P.C. alter his sentence of death into life imprisonment with benefit of section 382, Cr.P.C. The sentence of fine of Rs.20,000 is reduced to Rs.10.000 and in default of the payment of the same, he shall undergo R.I. for one year, The amount of fine it realized shall be paid as compensation to the legal heirs of the deceased. The appeal is dismissed in the above terms and Murder Reference is answered accordingly. There being no force in the revision petition the same is also dismissed. N.H.Q./G-182/L Sentence reduced.