KHALID HAYAT Versus THE STATE
Khalid Hayat son of Dost Muhammad was sent up by Police Station Naushera, for trial, for an offence under section 326, P.P.C. Civil Judge, First Class/Magistrate, Section 30, Jauharabad, vide his judgment, dated 3-2-1991, convicted and sentenced him under section 326, P.P.C. to 7 years' R.I. with a fine of Rs.15,000, or in default R.I. for 1-1/2 years. It was directed that the fine if recovered shall be paid to injured Mst. Ghulam Fatima. He was given the benefit of section 382-B, Cr.P.C. as well. Convict has appealed from jail. This judgment shall dispose of the same.
2. Prosecution story in brief as disclosed in F.I.R. Exh.PA., lodged by Mian Muhammad, was to the effect that Khalid Hayat accused was his real brother's son. One year before the occurrence he had agreed to marry his daughter Mst. Ghulam Fatima with the accused and in return his brother had promised to give the hands of his daughter to the son of the first informant. Subsequently on account of bad habits of Khalid Hayat the first informant engaged his daughter with Muhammad Nawaz which the accused took ill. On 8-2-1988 at about 4-15 p.m., the first informant's daughter Mst. Ghulam Fatima was bringing water from the well. When she reached near the land of one Muhammad Nawaz, accused Khalid Hayat came armed with a knife. He told Mst. Ghulam Fatima that he would teach her a lesson for not marrying him. He gave number of injuries to her and thereafter cut her nose. On the intervention of the eye-witnesses he ran away. Mst. Ghulam Fatima was taken to hospital in an injured condition.
The occurrence had taken place on 8-2-1988 at 4-15 p.m. whereas the F.I.R. was got registered the same day at 9 p.m. with Police Station Noshera. Manzoor Ahmed, A.S.I., P.W.6 had partly investigated the case. He secured blood-stained earth vide memo. Exh.P.C. and recorded the statements of the witnesses. Rana Liaqat Ali, A.S.I., P.W.7 had also partly investigated the case and got recovered knife P.1 at the instance of the appellant which was secured vide memo Exh.P.E. After usual investigation appellant was challaned.
Dr. Ghulam Sarwar, Medical Officer, Civil Hospital, Noshera, P.W.10, on 8-2-1988, examined Mst. Ghulam Fatima and found ten incised injuries on her person. Injury No.l was declared grievous. It had caused permanent disfiguration.
3. Prosecution in support of its case had produced ten witnesses in all. Thereafter, the appellant was examined without oath. He refuted the prosecution allegations and pleaded innocence. Prosecution in order to establish its case had relied upon ocular account furnished by Mst. Ghulam Fatima and Ghulam Farid, P.Ws.l and 2 respectively. Complainant Mian Khan appeared as P.W3. He deposed that immediately after the occurrence he came to the spot and was informed about the occurrence. Shukra Khan, Constable, P.W.4 had deposed about the absconding of the accused. Recovery of knife P.1 was witnessed by Fida Hussain, P.W.8. The doctor who had examined the injured appeared as P.W.10. The rests were police officials who had investigated the case.
It was contended by learned counsel for the appellant that the case against the appellant is not proved. Stated that only interested witnesses had appeared and they were relied upon. Argued that the recovery Pf knife P.1 cannot be used as corroboration because it was recovered almost a month after the occurrence. .
4. I have heard the learned counsel and gone through the file. Complainant Mian Muhammad is real uncle of the appellant. Throughout his statement he has not been suggested any motive or illwill against the appellant. Ocular account was furnished by Mst. Ghulam Fatima and Ghulam Farid, P.Ws.l and 2. Both of them had given a detailed account of the occurrence as well as the motive for the commission of offence. These two witnesses had also not been suggested I anything which could suggest that they had any enmity. Statements of the eye wtinesses find full corroboration from the medical evidence. Mst. Ghulam Fatima's nose was cut which caused permanent disfiguration. This find corroboration from the doctor's statement according to which it was cut by means of a sharp-edged weapon. Statements of the witnesses inspire confidence and can safely be relied upon especially when it finds corroboration from the medical evidence as well.
5. For what has been discussed above, prosecution has succeeded in F establishing its case against ' the appellant. Therefore, appeal fails which is dismissed.
N.H.Q./K-146/L Appeal dismissed.