MUSTAFA Versus THE STATE
RASHID AZIZ KHAN, J. --- Nazir Ahmad alias Geera, Zulfiqar Ahmad, Mustafa alias Pappu and Arshad alias Nikku were reported against with Police Station Kahna, District Lahore for an offence under section 307/34, P.P.C. vide F.I.R. No.396, dated 5-9-1190, by Mst. Seeman Bibi. Special Court for Suppression of Terrorist Activities, Lahore vide its judgment dated 22 7-1993 convicted and sentenced Mustafa to seven years' R.I. with a fine of Rs. 20,000, or in default further R.I. for one year, under section 307/34, P.P.C. The rest of the accused were, however, given the benefit of doubt and acquitted of the charge. The convict has appealed. This judgment shall dispose of the same.
2. The prosecution story in brief, as given in complaint Exh.P.A. lodged by Mit. Seeman Bibi, was to the effect that on 4-9-1990 at about 7-00 p.m. she came out of her house to buy provisions from the shop. The appellant armed with rifle alongwith his co-accused, also armed, came there. They raised a Lalkara. Mustafa fired hitting the ground near her feet. Arshad co-accused, fired which also missed and the bullet went over her head. She fell on the ground. The commotion attracted the witnesses, whereupon the assailants ran away.
3. After investigation, challan was submitted in Court, wherein the prosecution produced four witnesses in all. P.W.1 Muhammad Yaqoob, A.S.I. had registered formal F.I.R. Exh.P.B. on the. basis of complaint EXh'.P.A. P.W.2 Mst. Seeman Bibi deposed that her sister was to get Rs. 28,200 from Mustafa alias Pappu accused. Mother of Mustafa extended threats and ran after her to give physical beating. In the meanwhile, appellant came with rifle, whom did Arshad and Zulfiqar accompany. The appellant fired but she saved herself by lying down on the ground. She was carrying a pitcher. She hit the appellant with it, whereupon the accused fired another shot. Lal Din, P.W.3 did not support the prosecution case. He was declared hostile. The case was investigated by P.W.4 Muhammad Yasin, S.I. who opined that Nazir and Zulfiqar were innocent. At the conclusion of prosecution evidence the appellant Mustafa was examined without oath wherein he refuted the prosecution allegations and pleaded innocence. He, however, produced two D.Ws. also.
4. After going through the entire evidence, we have noticed that the only witness is Mst. Seeman Bibi P.W.2 who has supported the prosecution case. She in her statement before the Court set up totally a different version from the one given to the police in her statement Exh.P.A. She was duly confronted with her p, statement made before the police but could not give any explanation about the different version given in the Court. We feel no reliance on her statement can be placed. Therefore, we accept the appeal, set aside the conviction and sentence of the appellant. He shall be released forthwith if not required in any other case.
N.H.Q./M-1795/L Appeal accepted.