1971 PLP 488 (SCMR)

SALAHUDDIN AHMED, J.‑In this occurrence which took place on 31‑1‑1967, at 1‑30 a.m., five persons were killed with fire‑arms, four in the house of Allah Bakhsh deceased and one in the house of P. W. 24, Mst. Bibbal. All the four petitioners have been found guilty under section 302/34 of the Pakistan Penal Code and sentenced to death. They have also been found guilty under section 307, P. P. C. and sentenced to seven years' rigorous imprisonment. The motive for the crimes has been welt proved. Petitioner Rahim Bakhsh's two brothers had been murdered in which Allah Bakhsh and his sons were implicated and petitioner Rahim Bakhsh sought revenge for their murders. In the first occurrence that took place in the house of Allah Bakhsh deceased four persons, viz. Allah Bakhsh himself, his two sons Ghulam Rasul and Allah Wasaya, and an infant daughter of Ghulam Rasul, Mst. Sughran were killed. This particular occurrence has been proved by three eye‑witnesses viz. P. W. 21, Ghulam Qadir, son of Allah Bakhah deceased, P. W. 22, Mst. Jantan, widow of Allah Bakhsh deceased, and P. W. 23, Mst. Nurai, widow of Ghulam Rasul deceased. They were the inmates of the house and were in the same room where the afore said four persons had been killed, and as such were the most natural and competent witnesses. Their evidence has been fully corroborated by the recovery of a licensed gun from the posses sion of petitioner Rahim Bakhsh and another gun from petitioner Elahi Bakhsh and the matching of the two empties recovered from the house of Allah Bakhsh decease. P. W. 21 Ghulam Qadir was injured in the occurrence and this proved his presence at the occurrence. One injured bullock was recovered from this place. The medical evidence too fully corroborated the prosecution case in this respect. The mere fact that the doctor said that probably some injuries might be caused by a rifle does not make the medical evidence inconsistent with the prosecution case that guns caused the injuries. It is stated that while defending themselves Allah Bakhsh deceased and Ghulam Rasul deceased used swords and struck at one of the guns. Although no sword mark was found by the Firearms Expert on the gun, the evidence showed that swords had been used by the victims. The evidence has clearly proved that the empties were never tampered with. The packets containing them always bore the seals intact. The fact that at one stage the empties had to be returned and they came back to the Forensic Expert does not therefore, affect the pro secution case that they were the crime empties and they match the guns recovered from the petitioners. Similarly the second occurrence which took place in the adjacent house of P. W. 24, Mst. Bibbal in which Azim deceased was killed, has been fully proved by two most natural and competent witnesses, viz. r. W. 24, Mst. Bibbal, mother of Azim deceased, and P. W. 25, Mst. Phapo, wife of brother of Azim deceased‑both inmates of the house. The evidence of these two witnesses again has been corroborated by the matching of an empty recovered from there with the gun recovered from petitioner Elahi Bakhsh. All the corroborations mentioned above do furnish corrobora tion against petitioners Yousaf and Dilla as well. In the case of interested witnesses such corroboration is enough and no cor roboration of the individual participation of each and every accused person is called for. It has been contended that the evidence of alibi should nod have been disbelieved, and that in any event, it could not be treated peace-meal‑believing some part and disbelieving the other part. This too is a question of appreciation of evidence. The High Court has given good reasons for disbelieving the story of alibi set up by some of the petitioners. In our opinion it was entirely unnecessary for the High Court to use the evidence of alibi as a piece of corroborative evidence. There is no substance in the two petitions and they are accordingly dismissed. Leave refused.