ZAFAR alias KAKA Versus THE STATE
Zafar alias Kaka, aged 25 years, was tried under section 307, P.P.C., by Magistrate Section 30, Lahore, for having launched murderous assault on Ghulam Jillani, un 30‑l2‑1954. at 12 P.M. (midnight) in main Bazar of Jia Musa. Police Station, Shahdara. The learned Magistrate held him guilty convicted him accordingly and sentenced to undergo R.I. for seven years, plus to pay a fine of Rs. 7,000, m default whereof to suffer R.I. for one; year. A sum of Rs. 5,000, on recovery of fine, has been directed to be paid as compensation to the injuries P.W., vide judgment dated 14‑5‑1987.
2. The convict has filed appeal.
3. FIR (Ex. PA/1). was registered at Police Station, Shahdara on 31st December, 1984, on receipt of statement (Ex. P A) of Ghulam Jillani, recorded by Abdur Rashid, ASI (PW 5) at 12.30 on 31‑12‑1984 (during the night hc1wccn 30th/31st of December, 1984).
According to the FIR, the retail shop of the appellant was situated in front of the shop‑cum‑house of the complainant, in the main bazar of Jia Musa. On 30‑12‑1984, the complainant closed his shop at 9 p.m. and went inside his house. He was called out at 10 p.m. by the appellant. He came out alongwith his brother Muhammad Iqbal.. The appellant fired a shot from his gun, after raising Lalkara. The shot hit the complainant on the right calf. He fell down. The occurrence, apart from Muhammad Iqbal, brother of the complainant, was also witnessed by P.W. Mukhtar Ahmad. The appellant ran away.
Motive for the occurrence was the suspicion of the appellant that the complainant had defamed him by giving out that the appellant had illicit relations with the wife of Nazir Ahmad Nanwala. A dispute had also occurred due to that between them, but the residents of the Mohallah had got the matter patched up. The appellant, however, had not forgiven the complainant.
4 After the occurrence, the complainant was taken to Mayo Hospital, where he was medically examined by Dr. Abid Karim (PW‑3) on 30‑12‑1984 at 10.25 P.M. The doctor while appearing as PW‑3 at the trial, stated that he had noted following injuries:‑‑
(1) Lacerated wound, 10 x 5 cm on anterolateral aspect of left leg just below left knee. The wound was bleeding profusely and there was hole note on the Shalwar and blackening around the hole on Shalwar and also around the wound.
(2) Lacerated wound, 12 x 12 cm on medial aspect of left leg just below left knee, skin, muscle and other structure, projecting out of wound, indicating that it was wound of exit. Injuries 1 and 2 were communicating each other.
(3) Clinical deformity, swelling and loss of function of left leg, just below left knee.
Injuries 1 and 2 were opined to be the result of fire shots. He stated that an operation was conducted on 7‑1‑1985, as a result of which left leg of the complainant was amputated from above the knee. He added that the leg was amputated on account of development of gangrin.
5. The appellant was arrested on 10‑1‑1985. His licensed gun was taken into possession on the following day,‑at his pointing out.
After completion of necessary investigation, challan was put to Court.
6. At the trial six witnesses in all were examined from the prosecution side including, Dr, Abid Karim (PW 3) gist of whose statement has been noted above.
The ocular account was deposed to by complainant Ghulam Jillani (P.W. 2) and Mukhtar Ahmad (P.W. 1).
Ghulam Jillani re‑narrated the facts given by him in the FIR. During cross‑examination, he denied the suggestion that he had suffered injuries at the hands of some thieves and that he had falsely involved the appellant.
Mukhtar Ahmad (P.W. 1) corroborated the statement made by P.W.
2. He also denied the suggestion that Ghulam Jillani had suffered injuries at the hands of dacoits.
Abdul Karim (P.W. 4) stated about having witnessed the recovery of gun.
Abdur Rashid, ASI (P.W. 5) gave the account of registration of the case, arrest of the appellant and the investigation conducted by him.
7. The appellant during his statement under section 342, Cr. P C denied the prosecution case as a whole. Although he opted to produce defence, yet he failed to do so in spite of the fact that various adjournments were granted to him spreading over a period of one and a half years. His defence was, therefore, closed vide order dated 30‑11‑1986. The revision petition filed by him, was dismissed by Additional Sessions Judge vide order dated 2‑2‑1987. He, however. made statement under section 340 Cr. P C., wherein he pleaded innocence and stated that he was involved in the case by the complainant due to business rivalry.
8. The appellant had no animosity with any of the two witnesses, who have furnished ocular account. Although he had grievance against Ghulam, Jillani complainant of his having disclosed his (appellant's) illicit intimacy with the wife of Nazir Ahmad, but this witness had no grudge against the appellant In fact, the appellant himself denied the factum of suspicion of his illicit intimacy‑‑‑with the wife of Nazir Ahmad. No question was put (luring cross‑examination to Ghulam Jillani bringing out previous history of strained relationship with the appellant.
Mukhtar Ahmad (PW 1) is quite an independent witness. There was no animosity or ill‑will between the witness and the appellant. He is neither related to the complainant nor interested in him in any manner except that he was a neighbour elf the complainant. In that case, he was as good a neighbour of the appellant as of the complainant as the appellant was running a shop in the same Bazar.
9. Learned counsel for the appellant has not been able to point out anything from record warranting setting aside of the impugned judgment. There is no merit in the appeal, the same is therefore, dismissed.
10. The sentence of the appellant of seven years' R.I. is, however, reduced to six years R.I. considering the argument of the learned counsel for the appellant that the sentence of seven years R.I. is excessive. The sentence of fine and the order of payment of compensation to the injured PW, out of the fine, on realization, is maintained.
H.B.T./Z‑41 /L
Sentence reduced.