WAHID BUX vs THE STATE

1. ' RAHMAT HUSSAIN JAFFERI, J.---Brief facts giving rise tothe present appeal are that on 16-6-1987, P.W.1 complainant Ahmed Bux was present in his house when at about 10 or 11 a.m. P.W. Madad Ali came to him and informed him that his son P.W.7 Imdad Ali was abducted by six dacoits and they had also taken buffalos grazed by P.W.7. On receipt of such information the complainant collected the villagers namely P.W.2 Ali Murad, P.W.3 Pir Bux, Ghulam Nabi and others to follow the culprits by arming themselves with their licensed weapons. After reaching the place of incident they took the footprints of culprits, which were six in number and hoof marks of the buffaloes. The footprints led them towards western side. When they reached at the tube well of Ghulam Hussain Unar they confronted with the dacoits who were taking away the buffaloes and P.W.7. There was exchange of fire-arm shots between the culprits and complainant party, which continued for about half an hour, and then the firing was stopped. They went to the said place where they found one of the dacoits lying injured. The buffaloes and P.W. 7 were present. On enquiries, the injured dacoit disclosed his name as Ihsan who subsequently died. The complainant went to police station and lodged the report. During investigation the appellant was arrested. He was put in identification parade where the P.Ws. Identified him to be one of the culprits. The police after usual investigation challenged the appellant in the Court of law.

2. ' The learned 1st. Additional Sessions Judge, Khairpur tried the appellant, convicted him for offence punishable under sections 307, 363, 148 read with section 149, P.P.C. Sentenced him to various terms of imprisonment and fine with benefit of section 382-B, Cr.P.C. Under the impugned judgment, dated 2-6-1998.

3. ' I have heard the Advocate for the appellant in person, A.A.-G. For the State and gone through the evidence with the assistance of learned Asstt: A.G.

4. ' In order to prove the case the prosecution examined victim P.W.7. His evidence reveals that on the day of incident, he was grazing his buffaloes in the jungle when six persons armed with guns came there and abducted him. They also drove the buffaloes with them. When they reached near tube- well, his father and other villagers reached there. There was exchange of fire-arm shot between them and subsequently one of the culprits received injuries and the remaining culprits ran away leaving him, injured culprit and buffaloes at the place of incident. His evidence further reveals that one of the culprits was appellant who was subsequently identified by him in the identification parade held before the Magistrate. The evidence of P.W.5 Madad Ali reveals that he and the P.W.7 Imdad Ali were grazing their buffaloes but were present at some distance from each other when six dacoits abducted the P.W.7 and took away the buffaloes. He identified the appellant and deceased Ihsan. Hewent to the complainant and informed him about the incident. The evidence of complainant Ahmed Bux shows that he fully supported the P.Ws. 5 and 7 by giving the same details of the incident as mentioned in the earlier part of the judgment; therefore, need not to be repeated.

5. P.W.2 Ali Murad, P.W.3 Pir Bux also supported the complainant by stating that they were with the complainant when they chased the dacoits, an encounter took place between them and the dacoits where one of the dacoits received injuries and they secured the buffaloes and abductee.

6. The evidence of P.Ws.1, 2, 3 and 7 reveals that they identified the appellant in the identification test held before the Magistrate. Their evidence' is further supported and corroborated by P.W.9 Magistrate Ghulam Hussain and P.W.8 Mashir Fazal Mahmood who deposed that in the identification test the witnesses had identified the appellant. Their evidence is further corroborated by the medical officer. He examined the accused Ihsan Ali who had fire-arm injuries on his person.

7. All the P.Ws. Were subjected to cross-examination but nothing came on record to discredit their evidence. Their evidence is natural and confidence-inspiring. The victim P.W.7 had clearly seen the face of the appellant as he was with him and other culprits for a quite period of time. He has fully implicated the appellant. Thus, there is sufficient material available on the record, which proves the guilt of appellant, and I do not find any reason to disbelieve the evidence led by the prosecution.

8. ' After considering the material available on the record, I am of the considered view that the prosecution has proved the case against the appellant beyond any reasonable doubt.

9. ' Above are the reasons of my short order, dated 1-9-2006 by which I had dismissed the appeal.