2006 PLP 1860 (YLR)

KHAWAJA MUHAMMAD SHARIF, J.

This judgment will dispose of Criminal Appeal No.22 of 2001 filed by Muhammad Latif, who was convicted and sentenced by the learned Additional Sessions Judge, Mianchannu, vide his judgment dated 20-12-2000 as under: Death with compensation of Rs.50,000 under section 302(b), P.P.C., or in default six months S.I. for causing murder of Muhammad Azmat. Ten years' R:I. with fine of Rs.20,000 or in default one year S.I. under section 324, P.P.C. for making murderous assault on Muhammad Asghar/P. W. Murder Reference No.130 of 2001 for confirmation or otherwise of death sentence of appellant shall also be answered through this single judgment.

2. Succinctly, the facts of the instant case per F.I.R. Exh.P.E./1 lodged by Haji Muhammad Azam on 5-2-2000 are that he was resident of Yasin Colony Mianchannu. His house was adjacent to the house of his cousin (Khalazad) Muhammad Asghar. At about 2-30 a.m. he woke up on hearing some noise being raised in the house of Muhammad Asghar and reached his house. Outer door of the house of Muhammad Asghar was opened. 5/6 persons of young age wearing Shalwar Kameez one of them armed with pistol .30 bore, one having gun .12-bore and the remaining equipped with sotas, had entered the house of Muhammad Asghar with intention to commit theft. On resistance offered by Muhammad Asghar and Muhammad Azmat, the man having pistol fired at Muhammad Azmat which hit him on the left side of his chest and he fell down. When Muhammad Asghar came forward, the man having pistol made 2/3fires on him which hit on the left side on his chest and back etc. He also fell down on the ground. On hearing alarm raised by the complainant and firing P.Ws. Mst. Hamidan Bibi wife of Muhammad Asghar and Muhammad Shahzad came outside of their residential rooms and witnessed the occurrence in the light of electric bulb. Muhammad Azmat succumbed to the injuries at the spot. The complainant left behind Muhammad Shahzad son of Manazar Hussain to guard the dead body and dispatched the injured Muhammad Asghar to Civil Hospital, Mianchannu. When he was on his way to Police Station City Mianchannu he met Ijaz Hussain, S.-I./ S.H.O. at Thana Chowk and reported the matter.

3. After registration of the formal F.I.R. investigation of the case was, taken over by Malik Ijaz Hussain; A.S.-I./ P. W.13. He proceeded to the place of occurrence, took over the dead body of the deceased, prepared injury statement Exh.P.C. and inquest report Exh.P.D. The Investigating Officer took-into possession blood-stained earth from the place of murder of Muhammad Azmat vide Memo. Exh.P.G. and from the place where Muhammad Asghar received injury vide Memo. Exh.P.H. He also took into possession four empties of .30-bore pistol P.3/1-4 vide memo. Exh.P.J. One crime empty of .12-bore P.4 and a bullet led of .30-bore vide Memoes Exh.P.K. and Exh. P. L. respectively. He arrested Muhammad Latif 24-3-2000. On the same day he got the accused to Judicial lock-up for identification parade. After completion of investigation the accused was sent up to face trial.

4. At the trial, the prosecution in order to prove its case produced 13 witnesses in all, thereafter, learned DDA tendered in evidence reports of Chemical Examiner Exh. P. U. and that of Forensic Science Laboratory Exh.P.V., and closed the prosecution case. In his statement recorded under section 342, Cr.P.C. the accused pleaded false implication. After conclusion of the trial, the accused was convicted and sentenced as mentioned above.

5. After having read the entire prosecution evidence, statement of the appellant recorded under section 342, Cr.P.C. and other relevant material available on record, the learned counsel for the appellant in support of this appeal submits that the occurrence had taken in the odd hours of night; that no previous enmity existed between the parties; that the parties were not known to each other; that as far as identification parade is concerned it could not be believed as the appellant was shown to the eye-witnesses before identification parade; that the objection of the appellant were not taken by the Magistrate before identification parade; that the recovery of pistol was planted upon the appellant, thus, no case is made out against the appellant.

6. The learned counsel for the State submits that the appellant along with 4/5 accused criminal trespassed into the house of the complainant and committed murder of Muhammad Azmat and also injured Muhammad ' Asghar/P. W . ; that ocular account is corroborated by the medical evidence, recovery of crime empties and positive report of the Fire-Arm Expert; and that the prosecution has proved its case against the appellant beyond any shadow of doubt.

7. We have heard the learned counsel for the parties at length and gone through the record minutely. The occurrence had taken place on 5-2-2000 at 2-30 a.m. and the formal F.I.R. was recorded at 3-50 a.m. The distance between Police Station and the place of occurrence is 1-1/2 Kms. According to F.I.R., which was lodged by Haji Muhammad Azam P.W.3, 5/6 persons were seen entering in the house of the complainant in order to commit dacoity and during course of occurrence they caused murder of Muhammad Azmmat and injuries to Muhammad Asghar. The deceased received three injuries on his person, one with blunt weapon and two fire-arm injuries on his chest. Muhammad Asghar P.W.4, father of the deceased, received three injuries on the vital part of body and at the time of medical examination he was profusely bleeding. The appellant was arrested in this case on 24-3-2000, while the identification parade was held on 7-4-2000 under the supervision of Mr. Muhammad Masud Anwar, Magistrate Ist Class/P.W.10. According to his statement, the eye-witnesses namely Muhammad Asghar, Muhammad Azam and Shahzad have fully identified the appellant. Muhammad Asghar is father of the deceased and there is no reason on his part to substitute the culprit. As far as the recovery of pistol is concerned, the report of Fire-Arm Expert is in positive. In his statement recorded under section 342, Cr.P.C. the appellant pleaded his false implication. The prosecution has proved its case against the appellant through the ocular account, medical evidence, identification parade coupled with the positive report of the Fire-Arm Expert. There is no mitigating circumstance in favour of the appellant. Thus this appeal is dismissed. Death sentence is confirmed. Murder Reference is answered in the affirmative. H.B.T./M-80/L??????????????????????????????????????????????????????????????????????????????????? Appeal dismissed.