2001 PLP 1865 (YLR)

were fatal. 15 injuries, out of these Nos.1, 9, 11, 15 were fatal. 8 injuries, out of these Nos.1,4,8 were fatal. 9 injuries, out of these Nos. 1,3,7 were fatal. 4 injuries, out of these Nos.1,5 were fatal. 3 injuries, out of these Nos.2,3 were fatal. Muhammad Sibtian, P.W.27 also took into possession the blood-stained earth from the place of occurrence vide memo. Exh.PRRR, 77 empties of 12 bore gun, 29 of 7MM rifle, 15 of kalashnikov .12 of revolver 32-bore, which were taken into possession vide memo. Exh.PSSS. He also took into possession Suzuki LHN-1038 and blood stained Tarpaal P.43 vide memo. Exh. PTTT. On 21-5-1990, Fazal Dad injured expired in DHQ Hospital, Rawalpindi whose post- mortem examination was conducted by Dr. Ch. Muhammad Javed Anjum. On 3-6-1990, Muhammad Rafiq, accused was arrested by Raja Akhtar Hussain P.W.28 while Ikram Hussain and Iqbal were also arrested by him on 5-6-1990 Ikram accused was arrested on 1-9-1990 and Muhammad Iqbal was arrested on 9-10-1990 by Fida Hussain Shah P.W.29. Muhammad Azmat while in police custody got recovered .12 bore gun which was taken into possession vide memo. Exh.PBBB Khalid Mahmood accused got recovered .32 bore revolver vide memo. Exh. PCCC; Javed Sultan got recovered 7 mm rifle vide memo. Exh. PDDD; Muhammad Altaf alias Tedi on 15-6-1990 got recovered .12 bore gun vide memo. Exh. PEEE. Munir Hussain accused got recovered 12 bore gun vide memo. Exh. PFFF. All these recovery memos were attested by Ashiq Hussain, P.W.20 and Raja Akhtar Hussain, P.W.28. On 5-9-1990 Ikram Hussain, accused got recovered 12 bore gun vide memo. Exh. PQQQ; Muhammad Rafiq on 11-6-1990 got recovered rifle vide memo. Exh. PUUU. Iqbal Hajam got recovered 7mm rifle vide memo. Exh. PVVV. These memos were attested by Muhammad Iqbal, P.W.25 and Fida Hussain Shah, P.W.29. After completion of the investigation, the challan was submitted. The accused denied the allegations and claimed the trial. During the trial, the prosecution examined as many as 29 witnesses to prove the guilt of the accused. Haji Muhammad Elahi, complainant was examined as P.W.21 he supported the version of the F.I.R. and narrated the motive of the occurrence. Khidmat Ali was also injured witnesses of the occurrence, he was examined as P.W.22, who supported the prosecution case as narrated by the complainant. Sabir Hussain and Fazal Muhammad were also injured witnesses of the said occurrence, their statements -are in line with the testimony of the complainant and other prosecution witnesses. Muhammad Sibtain, P.W.27; Raja Akhtar Hussain, P.W.28 and Fida Hussain P.W.29 had investigated the case. The prosecution evidence was closed by tendering in evidence report of the Chemical Examiner Exh. PRRRR and that of Serologist Exh. PSSSS and of Technical Services Exh. PTTTT. Muhammad Akram and Muhammad Tariq accused had absconded and their trial was conducted in absentia. During the pendency of the appeal Khalid Mahmood and Muhammad Tariq, accused expired in jail, therefore, appeals to their extent stand abated. Learned counsel for the appellants has argued that admittedly statement Exh. PUUU was recorded at the spot, therefore, presumption is that the case was registered after deliberation and consultation and specific injuries have been attributed to all the accused separately which is not possible; that the injured witnesses have admitted themselves that they left the vehicle when it was plunged into mud, thereafter, it was not possible to witness the location of the injuries being inflicted by the accused on a victim; that the enmity is admitted and the motive is double-edged weapon which can also be used for false implication; that the complainant party and the deceased had other enemies, therefore, the possibility of false implication of the appellants and substitution cannot be ruled out; that the witnesses are closely related inter se and inimical towards the appellant, their statements have not been corroborated from any independent source. Conversely the appeal has been opposed by the learned counsel for the complainant and for the State. Heard. Record perused. It was a daylight occurrence. The parties knew each other. All the appellants have been attributed specific role of having caused injuries on the deceased and to the injured witnesses; the complainant Muhammad Elahi P. W.21, Khidmat, P. W.22, Sabir Hussain, P. W.23 and Fazal Muhammad P.W.24 all are the injured witnesses, therefore, their presence at the spot cannot be doubted; they have ascribed specific injuries having been caused by the appellants. The ocular account has been fully corroborated by medical evidence and the recoveries of weapons of offence. All the appellants are nominated accused in the promptly lodged F.I.R.; no reason for their false implication or substitution has been found, therefore, we are of the considered view that the prosecution has established its case against all the appellants beyond any shadow of doubt and find no ground for interference in the conviction recorded against them under section 302/34, P.P.C. As far as the quantum of sentence is concerned, Javed Sultan and Khalid Mahmood have been attributed fatal injuries to Liaqat Ali, deceased; Muhammad Raliq and Ikram Hussain, accused have been attributed fatal injuries at Fazal Elahi, Muhammad Rafiq has also been attributed fatal injury at Mirza Khan, therefore, their sentence of death is maintained. However, Azmat, Munir, Iqbal and Altaf alias Tedi have not been attributed fatal injuries on the deceased, so their sentence is reduced to imprisonment for life which will meet the ends of justice. The sentence of all above mentioned accused under section 307/34, P.P.C. for causing injuries to the prosecution witnesses is maintained. The sentence will run concurrently. Punishment of fine/compensation or in default of payment thereof are maintained. Benefit of section 382-B, Cr.P.C. will also be available to the appellants. As far as Criminal Appeal No. 15 of 1991 of Muhammad Akram is concerned, his trial was conducted in absentia and following the dictum laid down in Mehram Ali's case (PLD 1998 SC 145) his appeal is allowed. His conviction and sentence is set aside. The case is remanded for his retrial to the Court of competent jurisdiction, with the direction to conclude the trial within a period of six months. Meanwhile, he will remain in jail, but will be taken out from the Death Cell. Criminal Revision No.161 of 1991 filed by complainant against acquitted co -accused is dismissed having no force. H.B.T./M-746/L Order accordingly.