1990 P Cr (PLP)

RAJA AFRASIAB KHAN, J.

Muhammad Shafique alias Kaka and Muhammad Saeed were tried by the learned Additional Sessions Judge, Lahore, for the murder of Amjad Hussain and for an attempt to murder Imran Ahmad P.W.10. The appellant Muhammad Shafique was convicted under section 302/34 P.P.C. and was sentenced to death plus a fine of Rs.50,0(0 or in default thereof to suffer R.I. for five years. He was also convicted under section 307/34 P.P.C. and was sentenced to undergo R.I. for three years plus a fine of Rs. 5,000 or in default thereof suffer R.I. for one year. The appellant Muhammad Saeed was convicted under section 302/34, P.P.C. and was sentenced to life imprisonment plus a fine of Rs.50,000 or in default thereof to suffer R.I. for five years. He was also convicted under section 307/34, P.P.C. and was sentenced to undergo two years' R.I. plus a fine of Rs.5,000 or in default thereof to suffer R.I. for one year. It was directed that the sentences of imprisonment of Muhammad Saeed shall run concurrently. It was ordered that in case of recovery of fine, a sum of Rs. 80,000 shall be paid to the legal heirs of the deceased. The appellants Muhammad Shafique and Muhammad Saeed through Criminal Appeals No. 626 of 1987 and 605 of 1987, respectively, have challenged their conviction and sentences. Imran Ahmad, complainant, has filed Criminal Revision No.257 of 1988 praying for the enhancement of the sentences of the appellants. It is prayed in the revision that the sentence of life imprisonment may be enhanced to death in case of Muhammad Saeed whereas the amount of fine may be enhanced in case of both the convict-appellants. The learned trial Court has sent a reference for confirmation of the death sentence of Muhammad Shafique. We propose to decide these matters through this judgment.

2. The prosecution story is that Muhammad Shafique and Muhammad Saeed came in the Mohallah at Charagh Din Road two days earlier to the occurrence. They were vagabonds and indulged in the sale of heroin etc. The complainant and Amjad Hussain forbade the appellants from coming to their Mohallah. There was a quarrel between them and Muhammad Shafique was beaten by the complainant party. On 21-6-1985, at about 9-30 p.m., Imran Ahmad complainant and Amjad Hussain deceased went to Kucha Takia Sardar Shah Gali, Dr. Nazirwali, to purchase ice where the appellants were standing. They shouted that the complainant party would not be allowed to go alive. Muhammad Saeed held lmran Ahmad whereupon Muhammad Shafique gave a knife blow which landed on his left buttock. On receipt of the injury, the complainant fell down. Thereafter the appellants opened attack on Amjad Hussain who started running to save his life. However, Muhammad Saeed succeeded in overtaking Amjad Hussain near the Tuition Centre, Kucha Takia Sardar Shah. Muhammad Shafique gave successive knife injuries on chest, back, thighs and legs of Amjad Hussain. He fell down. On alarm, lmran Ashraf and Muhamad Ryas reached the spot and witnessed the occurrence. They attempted to catch the appellants but they succeeded in running away. Amjad Hussain and the complainant were brought to Sir Ganga Ram Hospital in a Rickwhaw. Amjad Hussain died on the way. The complainant was, however, admitted to the, hospital.

3. Naseem-ul-Hassan, D.S.P. Tounsa (at that time posted as Inspector/S.H.O Police Station Mozang, Lahore), investigated the case. On 21-6-1985 at about 10-30 p.m., the Police Officer reached Sir Ganga Ram Hospital, Lahore, on receiving information about the murder. Statement Exh.PA of Imran Ahmad injured was recorded by him. Inquest Report Exh.P.K. and injury statement Exh.P.L. of the dead body were prepared. Statements of Muhammad Ilyas and Imran Ashraf P.W.s. were recorded under section 161, Cr.P.C. the dead body was sent for post-mortem examination through Nasrullah and Abdul Hameed Constables. Site-plans Exh. P.H. and Exh.P.H./1 were prepared through Inam Ali Shah P.W.8. Blood-stained earth from the place of occurrence was taken into possession vide memo. Exh.P.B. Muhammad Shafique was arrested by the Police on 23-6-1985 while Muhammad Saeed was arrested on 24-6-1985. Blood-stained clothes Shirts, Vest. Shalwar and Karra of the deceased were taken into possession vide memo. Exh.P.E. on 25-6-1985. Muhammad Shafique while in Police Custody led to the recovery of blood-stained knife P.1 from underneath a big tin-box from his living room. The knife was taken into possession vide memo. Exh. P.C. On the same day, Muhammad Shafique led to the recovery of Shalwar P.2, Kameez P.3 from his room which were found blood stained. These articles were taken into possession vide memo Exh.P.D. On 27-6-1985 the complainant produced before the witness his blood-stained Pent P.4 which was taken into possession vide memo. Exh.P.J. Positive reports of the Chemical Examiner and the Serologist vide Exhs.P.O. and P.Q. were tendered in evidence by the learned Prosecutor.

4. Dr. Muhammad Farooq Akmal P.W.6 conducted the post-mortem examination on the dead body on 22-6-1985 and found the following injuries thereon:- (1) A stab wound on left chest 2.5 c.m x 1.00 c.m in 7 O'clock position of left nipple and 6.0 c.m. away from it transversely oblique 122 c.m above left heel. (2) A stab wound on back of left chest 2.0 c.m. x 1.5 c.m. 17 c.m. below left shoulder tip and 6.0 c.m. away from the posterior axillary fold transversely oblique 134 c.m. above left heel. (3) A stab wound 1.25 c.m. x 0.5 at the inner lower right thigh, muscle deep 61 c.m. above right heel. (4) Stab wound 1.25 c.m. x 0.5 c.m. at the base of right buttock, muscle deep 75 c.m. above right heel. (5) A stab wound 2.0 c.m. x 1.25 c.m. at back upper right thigh 59 c.m. above right heel. (6) Incised wound 2.0 c.m. x 0.5 c.m. upper front left leg, 37 c.m. above left heel. (7) A stab wound 1.0 c.m. x 0.25 c.m. at inner upper left leg 38 c.m. above left heel. According to the doctor, Injury No.l had passed through the sixth inter-costal space and cut into the pericardium and the apex of right ventricle through and through and diaphragm into the upper part of left lobe of liver. It was opined that the injuries were ante-mortem and were caused by sharp-edged weapon. Injury No.1 was sufficient to cause death in the ordinary course of nature. In the opinion of the doctor, death occurred due to haemorrhage and shock. Probable time that elapsed between injuries and death was a few minutes whereas the time between the death and post-mortem examination was 12 to 24 hours. Dr. Muhammad Latif Aftab P.W.7 on 21-6-1985 at about 9-30 p.m. examined Imran Ahmad, and found the following injury on his person:- (1) Stab wound on left gluteal region 20 c.m. from interior superior iliac spine 1.25 c.m. x 1.0 c.m. x 3. c.m." The injury was simple in nature and was caused by a sharp-edged weapon. The injury was found fresh by the Doctor.

5. Eye-witness account was given by Muhammad Ilyas P.W.9, Imran Ahmad P.W.10 and lmran Ashraf P.W.11. Imran Ahmad P.W.10 is the complainant. He supported the prosecution version. Muhammad Ilays P.W.9 deposed that Muhammad Saeed appellant held Imran Ahmad whereupon Muhammad Shafique inflicted injuries with his knife on his left hip. The witness stated that the appellant Shafique inflicted knife blows on Amjad Hussain on his chest, thighs, back and legs. On receipt of the injuries, Amjad Hussain fell down. Imran Ashraf P.W.11 also supported the prosecution version. The appellants while making statements under section 342 Cr.P.C. denied the allegations levelled against them. Muhammad Saeed appellant took the plea that he had been involved in the case because of his friendship with the appellant Muhammad Shafique and that he was innocent. Muhammad Shafique made a detailed statement saying that he was innocent and that he had been falsely implicated in the case. He stated that Amjad Hussain deceased was a vagabond and was not doing any job. He continued to say that some time before this occurrence, wife of his elder brother made a complaint to him that Amjad Hussain had been following her and that he had been cutting jokes with her. About 2/3 days ago, he reprimanded the deceased on account of his uncalled for behaviour which led to a quarrel. The appellant further stated that he had no grievance to cause the death of Amjab Hussain. He maintained that he had been involved in the case because of suspicion on account of his earlier quarrel with the deceased. He further stated that it was just a coincidence that dead body of Amjad Hussain was found near his house and that the deceased was done to death by some unknown assailant in the darkness of the night. He denied to be a dealer in narcotics. He stressed that revision of the complainant has become in fructuous and as such the same is dismissed. N.H.Q./M-2346/L Order accordingly.