1988 PLP 426 (MLD)

Date of hearing: 11th January, 1988. The facts giving rise to this revision, briefly, are that Muhammad Yar respondent alongwith Murtaza, Haq Nawaz, Bakhtawar, Muhammad Yousaf, Allah Yar and Abdullah was tried for the murder of Bahu by Sessions Judge, Faisalabad.

2. The prosecution case was that on 12‑12‑1969 at about Dopehrwela, the respondents/accused in furtherance of their common object launched attack and caused the death of Bahu in the presence of Sultan, Mst. Gullo, Fateh Bibi and Sahu near the Dhari of Muhammad Yousaf.

3. To prove its case, prosecution examined 18 witnesses. Sultan P.W. 11, Fateh Babi P.W. 13, Mst. Gullo P.W. 15 gave the ocular account of the occurrence. They claim to have seen Muhammad Yar respondent and others variously armed launching attack on Bahu and causing injuries resulting in his death. Dr. Muhammad Rafiq Anjum conducted post‑mortem examination on the dead body of Bahu. He found as many as 12 fire‑arm wounds on the dead body which were sufficient to cause death in the ordinary course of nature. Sahu P.W. 15 had picked up the empties cartridges EX.Pl/1‑2 from the place of occurrence and produced the same before police which were taken into possession vide memo Ex. PC. Muhammad Yar appellant was arrested and gun was recovered from him. Forensic Science Laboratory report shows that the crime empties Ex. PI/1‑2 were fired by the gun recovered from Muhammad Yar respondent. It may be noted that the witnesses in whose presence, gun was allegedly recovered from Muhammad Yar respondent were not produced. The rest of the evidence is of formal nature.

4. When examined under section 342 Cr.P.C. the respondent and his co accused denied all the incriminating circumstances. In defence no witness was produced. The learned Sessions Judge acquitted the respondent on 2‑3‑1973. Feeling aggrieved thereby Sultan filed revision against acquittal which was dismissed to the extent of the respondents other than Muhammad Yar. Notice was issued to Muhammad Yar on the ground that corroboration in the shape of recovery of gun which matched with the crime empty recovered from the spot was available qua Muhammad Yar respondent.

5. Learned counsel for the petitioner maintained that the circumstances that the two crime empties recovered from the spot were fired from gun recovered from Muhammad Yar respondent furnish independent corroboration of the testimony of the four eye‑witnesses and as such, he could not have been acquitted of the charge. Conversely, the learned counsel for the respondent supported the judgment of acquittal as a whole.

6. I have considered the submissions made by the learned counsel for the parties with care, and have reviewed the evidence of recovery of gun from Muhammad Yar respondent, carefully. I have not been able to persuade myself to agree with the learned counsel for the petitioner. I find that the circumstance that the two crime empties recovered from the spot were fired from the gun recovered from the respondent as revealed by Forensic Science Laboratory Report, fails to connect Muhammad Yar respondent with the murder of Bahu Sahu P.W. after having lifted two crime empties from the spot had produced the same before Waris Khan S.I. Sultan complainant P.W. 11 has categorically stated that Muhammad Yar respondent at the time of reloading his gun had put the empties in his pocket. The witness further stated that Bakhtawar co‑accused had also put empty cartridge in his pocket after taking out the same from his gun and that Murtaza co‑accused had thrown empty cartridges fired by him from his gun on the ground. That being the position, I am afraid, Forensic Science Laboratory Report that crime empties were fired from gun recovered from Muhammad Yar respondent does not advance the prosecution case any further and fails to corroborate, the ocular testimony which has already been not acted upon by the, trial Court as well as the High Court to the extent of 5 acquitted accused. For what has been said above, there being no merit, the revision is dismissed. M.Y.H./S‑181/L Petition dismissed.