2002 PLP 888 (YLR)

On 16‑6‑1996 the same witness medically examined Mst. Aziza Bibi and found the following injuries on her person:‑ (1) A semi healed lacerated wound 8 x 1 c.m. on the right side of head. (2) A semi healed bruise area 15 x 6 c.m. on the middle side of right arm. Dr. Saeed Hassan P.W.16 on 7‑6‑1996 conducted the post‑mortem examination on the dead body of Akbar Ali and found the following injuries:‑ (1) An entry wound 5 x 5 c.m. with burnt inverted edges on the medial of left upper leg just below the knee joint. (2) An exit wound 5 x 6 c.m. on the lateral upper left leg just below the knee joint. (3) An entry and exit compound wound 7 x 2 c.m. on the posterior surface of left leg, 8 c.m. above the anckle joint. On the same day the same Doctor also conducted post‑mortem examination on the dead body of Manzoor Hussain and found the following injuries:‑ (1) An entry wound 2 x 2 c.m. just right of umbilicus swollen and blackened, small intestine was protruding outside. (2) An exit wound 2 x 2 c.m. on the posterior part of right loin in renal angle. Muhammad Hassan P.W.11 had attested the recovery memos. alongwith the S.H.O.P.W.17 about the articles taken into possession from the spot. Muhammad Tariq. A.S.1 was examined as R.W.13 who had attested the recovery memos. of weapons of offence alongwith P.W.17 got recovered from the accused. The remaining witnesses are of formal in nature and need not to be discussed. The prosecution evidence was closed by tendering in evidence the reports of Chemical Examiner Exh.P.R.R. and P.S.S, and P.Y.Y. and P.U.U. and that of Serologist as Exh.P.V.V., P.W.W., PXX. and P.Y.Y. and of the Forensic Science Laboratory as Exh.P.Z.Z. Towards the end of the trial statements of the accused/appellant were recorded under section 342 Cr.P.C. They denied the charge and claimed their innocence and false implication: The trial culminated into conviction of the accused/appellant as mentioned above. He has challenged his conviction and sentence through Criminal Appeal No.52‑J of 1998 while the trial Court had sent up Murder Reference No.212‑T of 1998 for confirmation of death sentence. Both the matters are being decided by this single judgment. Learned counsel for the appellant has argued that from the facts of the case it appears that it was night and unwitnessed occurrence; that all the prosecution witnesses are related inter se and to the deceased; that they were interested and inimical and their testimony has not been corroborated from any other independent source; that the motive alleged has not been proved during the trial; that it was a case of family honour and the capital punishment is not called for. Conversely the appeal has been opposed by the learned State counsel who has supported the impugned judgment. Heard. Record perused. The occurrence took place at 4 p.m. on 6‑6‑1996 which was broad‑daylight and statement .of the complainant was recorded in the hospital on the same day at 8‑30 p.m. and thereafter formal F.I.R. was registered at police station at 9‑30 p.m. which is at a distance of 30 k.m. from the place of occurrence. We do not find any delay in lodging the F.I.R. The accused was real nephew of Akbar Ali deceased. The complainant party had no previous enmity for his false implication or substitution. Mere relationship of the witnesses with the deceased is no ground to discard their testimony. Muhammad Yaqub P.W.7 and his mother Mst. Aziza Bibi P.W.7 were injured witnesses. Muhammad Yaqub was medically examined on the same day at 8‑05 p.m. Their presence at the spot has been established. We do not find any cogent reason as to the appellant was substituted by letting off the real culprit by the complainant party. The ocular account has been fully corroborated by the medical evidence as well as by recovery of weapons of offence with which the empties taken into possession tallied as per report of Forensic Science Laboratory. After deep re‑appraisal of the evidence we are convinced that the prosecution has established its case against the appellant beyond any shadow of doubt and find no ground to interfere in the conviction recorded against the accused/appellant and sentence awarded to him. He is responsible for causing murder of Akbar Ali, Manzoor Hussain Mst. Amna Bibi and Mst. Sajida Bibi in a brutal manner and there are no mitigating circumstances for awarding lesser penalty. As far as the sentence of fine is concerned that is not legal therefore, the same is hereby altered into compensation under section 544‑A Cr.P.C. and if recovered be paid to the legal heirs of the deceased. Resultantly Criminal Appeal No.52‑J of 1998 filed by the accused/appellant is dismissed with the above modification. The Murder Reference is answered in affirmative. H.B.T./M‑1127/L Appeal dismissed.