MUHAMMAD SIDDIOUE Versus THE STATE
Muhammad Siddique aged 20 years, was tried for the murder of Rajab Ali deceased by the learned Additional Sessions Judge 11, Bahawalnagar, who vide his impugned judgment, dated 16-10-1.989 convicted and sentenced the appellant under section 302, P.P.C. to undergo imprisonment for life and a fine of Rs.10,000, in default whereof to suffer 2 years' R.I. He was also directed to pay a compensation of Rs.5,000 under section 544-A, Cr.P.C. to the legal heirs of the deceased, and in default whereof to suffer 6 months' R.1. The amount of fine and compensation, if realized, was directed to tae paid to the legal heirs of the deceased. All the sentences were ordered to run concurrently. The appellant was also extended the benefit of section 382-B, Cr.P.C.
2. The brief facts of the case as unfolded in the F.I.R. Exh.P.E. recorded on 23-5-1988 at Police Station Saddar Chishtian, District Bahawalnagar on the complaint of Manzoor Ahmad (P.W.7) scribed by Yousuf Ali, S.I./I.O. (P.W.9) are to the effect that P.W.7 Manzoor Ahmad on 23-5-1988 alongwith Rajab Ali deceased, his father, P.W.8 Allah Yar and Muhammad Yar P.W. (given up) were going to the house of P.W.3 Abdul Majid, the paternal-uncle of the complainant to Chak No.8/Fordwah to attend the Khalna ceremony and had left Luddan on bus. After alighting at Bus Stand Bakhshsn Khan at about 11-00 a.m. they were going near Chak No.8/Fordwah on Pacca road and Rajab Ali deceased father of the complainant was going ahead at some distance. From the front side Muhammad Siddique appellant while driving a tractor passed from near the deceased and after stopping the tractor separated Drovare (iron rod) from the tractor and attacked Rajab Ali, father of the complainant, who raised hue and cry, on which P.W.7 Manzoor Ahmad alongwith the accompanying P.Ws. ran towards Rajab Ali, but the appellant inflicted him two injuries with the Drovare (iron rod), one on the left side of the forehead and the other on the upper side of the left ear. The deceased fell at the spot and succumbed to his injuries. P.W.7 alongwith other P.Ws. tried to apprehend the appellant, who threatened them with dire consequences and after boarding the tractor and driving the same escaped towards Bakhshan Khan Bus Stand. The motive behind the occurrence was that about 4 years earlier Ghulam Muhammad, paternal-cousin of the appellant was murdered by brother of the complainant Noor Ahmad, Allah Yar (P.W.8), Allah Bakhsh and Ahmad Bakhsh. They were challaned, tried and sentenced. After undergoing their sentence they had reached their houses. Muhammad Siddique appellant had intentionally murdered Rajab Ali to take revenge of his paternal-uncle Ghulam Muhammad. P.W.7 Manzoor Ahmad alongwith Muhammad Iqbal, Councillor of Chak No.8/F.W. leaving behind Allah Yar (P.W.8) and Muhammad Yar P.W. (given up) to guard the dead body of the deceased, reached the police station and lodged the F.I.R.
3. The appellant was challaned and sent up for trial. A charge under section 302, P.P.C. was framed against the appellant, to which he denied and claimed trial.
4. The prosecution examined 9 P.Ws. in all to substantiate its case. P.W.1 Muhammad Abdullah, A.S.I. received two sealed parcels from P.W.9 Yousuf Ali, S.I. containing blood-stained earth and blood-stained drovare (iron rod of the tractor) alongwith the last-worn clothes of the deceased which he kept in Malkhana and thereafter handed over the same to P.W.2 Sajjad Pervaiz for onward transmission to the office of Chemical Examiner, Lahore. P.W.2 Sajjad Pervaiz Constable on 23-5-1988 escorted the dead body of the deceased to the mortuary and after post-mortem examination the doctor had handed him over last-worn blood-stained clothes of the deceased P.1 to P.5 alongwith a pair of shoes P.6 which he delivered to P.W.9 Yousuf Ali, S.I. who secured the same vide memo. Exh.P.A. P.W.1 Muhammad Abdullah, A.S.I. handed him over two sealed parcels containing blood-stained earth and blood-stained drovare which he delivered in the office of Chemical Examiner intact. P.W.3 Abdul Majid stated that on 23-5-1988 on the occasion of Khatna ceremony of his sister's son he invited Rajab Ali deceased, Allah Yar (P.W.8) Muhammad Yar P.W. (given up) and Manzoor Ahmad (P.W.7) and others to join the said ceremony. On that day Rajab Ali was murdered on the way to their village. P.W.4 Amjad Ali had joined the investigation of this case and in his presence the appellant led to the recovery of blood-stained drovare (iron rod) P.7 from a place near Bridge known as Chak No.58/Fateh by separating the same from tractor which was secured by P.W.9 Yousuf Ali, S.I. vide memo. Exh.P.B. attested by him.
5. P.W.5 Dr. War lqbal on 24-5-1988 conducted autopsy on the dead body of Rajab Ali deceased and found the following injuries:--
(1) A lacerated wound on the forehead over left eyebrow 5 x 2 c.m. fracture of frontal bone.
(2) A depressed injury over the joint of left mandible and maxilla bone fractured and depressed.
In the opinion of the doctor the cause of death was-haemorrhage and shock due to the fracture of skull and base of skull i.e. at the joint of tempromendibular which was sufficient in the ordinary course of nature to cause death. The death was instant. The time between death and post-mortem examination was within 24 hours. Exh.P.C. is the correct carbon copy of post mortem examination, Exh.P.C./1 is the diagrams and Exh.P.C./2 is the inquest report. The doctor also sent a letter Exh.P.C./4 to the S.H.O. mentioning therein certain facts pertaining to post-mortem report. P.W.6 Muhammad Ashraf Patwari prepared site plan Exh.P.D. and its duplicate Exh.P.D./1 on the direction of the police and pointation of the P.Ws. P.W.7 Manzoor Ahmad complainant is son of the deceased, who corroborated the contents of the F.I.R. Exh.P.E in minute details. He also stated therein about the motive. P.W.8 Allah Yar is brother of the deceased. He is an eye-witness and also stated about the motive and recovery of blood-stained earth secured vide memo. Exh.P.F. in his presence. He stated that a constable produced blood stained clothes and shoes P.1 to P.6 of the deceased before the Investigating officer secured by him vide memo. Exh.P.A. and P.W.8 attested both the memos. P.W.9 Yousuf Ali, S.I. is the Investigating Officer who recorded the F.I.R. Exh.P.E. on the dictation of Manzoor Ahmad complainant (P.W.7) and proceeded to the spot where the dead body was lying. He completed the injuries statement Exh.P.C./3 and inquest report Exh.P.C./2 of Rajab Ali deceased and sent the dead body for autopsy under the escort of Sajjad Pervaiz F.C. He inspected the spot, collected blood-stained earth from the place of occurrence vide memo. Exh.P.F. He had secured last-worn blood-stained clothes and shoes of the deceased P.1 to P.6 and secured the same vide memo. Exh.P.A. He arrested the appellant on 24-5-1988 who was driving the tractor. He interrogated the appellant, who made a disclosure and separated the Drovare P.7 (blood-stained) from the tractor which P.W.9 secured vide memo: Exh.P.B. The tractor was also taken into possession vide recovery memo. Exh.P.G. He recorded the statements of the P.Ws. and completed the investigation. Shaukat Murtaza, Inspector was the then S.H.O., Police Station Saddar Chishtian who prepared the final report under section 173, Cr.P.C. P.W.9 had identified his handwriting and signatures.
6. The appellant when examined under section 342, Cr.P.C. denied the prosecution evidence against him and also the recovery of blood-stained drovare P.7 at his instance. In answer to a question "Why this case against you and why P.Ws. deposed against you?" he replied:--
"The complainant party had a grudge for the above-mentioned murder case in which they were convicted, against me and other family members. They have falsely involved me in this case. I was not driver of any tractor-trolly nor I was arrested at Bridge of Chak NOS8/Fateh. The recovery is fake and fabricated one."
He further stated that he was innocent, and produced D.W.1 Muhammad Iqbal in defence. D.W.1 Muhammad Iqbal, Councillor of Bakhshan Khan stated that on 23-5-1988 at about 9-00 a.m. he went to Bazar in Bakhshan Khan as a theft had taken place there. At about 9-30 a.m. his son aged about 10/il years came to him and informed that in front of his tube-well upon the road, a dead body was lying. He reached near the dead body upon his motor-cycle, where many persons were present. He made announcement upon a speaker for identification of the dead body but none had identified it. Thereafter, Inspector Imdad Hussain Shah, Incharge Police Station Shaher Farid passed by that side just by chance and D.W.1 informed him regarding the unknown dead body. The said Inspector took him to Police Station Shaher Farid and therefrom they went to Chishtian. He informed the police of Police Station Chishtian about the dead body. The police alongwith him reached the place where the dead body was lying. One passerby had identified the dead body. The dead body was taken in a wagon to the mortuary. A wireless message was transmitted to Police Station Luddan. Some heirs of the deceased came to D.W.1, who handed over the dead body to them.
7. I have heard the learned counsel for the parties and have perused the record. It was vehemently argued by the learned counsel for the appellant that the appellant is innocent, has been falsely involved in the instant case and that he had no motive to murder the deceased. The learned counsel further contends that the eye-witnesses are interested and the recovery of weapon of offence P.7 has been planted and the occurrence was unseen one and the injuries on the deceased were result of an accident.
8. The motive as stated by P.W.7 in the F.I.R. Exh.P.E. was that about 4 years earlier to the present occurrence, Ghulam Muhammad, paternal-uncle of the appellant was murdered by Noor Ahmad, Allah Yar (P.W.8), Allah Bakhsh and Ahmad Bakhsh. Noor Ahmad is brother of the complainant and the others are his paternal-uncles. They were challaned in the said case and after undergoing the sentence they had been released. The appellant had intentionally murdered Rajab Ali deceased only to take revenge of the murder of his paternal-uncle Ghulam Muhammad. P.W.7 Manzoor Ahmad complainant is son of the deceased and he reiterated the motive behind the occurrence before the trial Court. P.W.8 Allah Yar, paternal-uncle of P.W.7 and brother of the deceased also narrated the motive as stated by P.W.7 and also corroborated his statement. The appellant when examined under section 342, Cr.P.C. had admitted that his uncle was murdered by the relatives of Rajab Ali deceased. No doubt, the motive is a double-edged weapon. The appellant's real paternal-uncle was murdered and he had a grudge and motive.
9. The ocular account has been furnished on record by the statements of P.Ws.7 and 8, who are son and brother respectively of the deceased. P.Ws.7 and 8 have unanimously stated that they alongwith the deceased and P.W. Muhammad Yar (given up) and other brothers of the deceased, were going to attend a Khatna ceremony of nephew of P.W3 Abdul Majid and on the way when P.Ws. were going to urinate, the deceased was going ahead of them and from a distance of about one acre they had witnessed the appellant coming on a tractor, who stopped the tractor, separated the drovare (iron rod) from the tractor and went after the deceased. The appellant had raised alarm on which the deceased returned behind, and the appellant gave two separate blows on the left side of the head of the deceased. The P.Ws. rushed towards the appellant, who threatened them with dire consequences, drove the tractor and escaped. The deceased succumbed to his injuries at the spot. No doubt P.W.7 complainant is the son of the deceased, whereas P.W.8 is the brother of the deceased, and their statements cannot be relied upon unless corroborated by strong prosecution evidence. P.W.3 Abdul Majid has stated that on 23-5-1988 on the occasion of Khatana ceremony of his sister's son, he had invited the deceased, P.W.7, P.W.8, P.W. Muhammad Yar (given up) and others to join that ceremony. The ocular account has been furnished on record by the statements of P.W.7 and P.W.8 and is in consonance with the medical evidence. Dr. Zafar Iqbal (P.W.5) who conducted autopsy on the dead body of the deceased found two injuries on him and opined that the death was instantaneous, the cause of death was haemorrhage and shock due to the fracture of skull and base of skull which was sufficient to cause death in the ordinary course of nature. Neither P.W.5 stated that any injury caused to the accused was result of accident, nor he was cross-examined on that point by the defence.
10. The appellant was arrested by P.W.9 Yousuf Ali on 24-5-1988 when he was going on a tractor and during interrogation the appellant in presence of P.W.4 Amjad Ali made a disclosure and separated the drovare (iron rod) P.7 which was blood-stained. P.W.9 secured the same vide memo. Exh.P.B. attested by P.W.4. P.W.4 stated during cross-examination that he was residing at a distance of 20 miles from the place of recovery and was on visiting terms with the deceased, but nothing has been brought on record by the defence that he had any animus against the appellant or motive to falsely involve him in the present case. The recovery of P.7 at the instance of the appellant has also been corroborated by the statement of P.W.9, S.I. who also bears no grudge against the appellant. The report of the Chemical Examiner Exh.PJ. and that of the Serologist Exh.P.K. in respect of the drovare (iron rod) P.7 are positive.
11. The statements made by P.W.7 and P.W.8 cannot be thrown away or brushed aside on account of their relationship with the deceased i.e. being son and brother respectively. The ocular testimony furnished on record by the statements of P.Ws.7 and 8 is in consonance with the medical evidence brought on the file by the statement of P.W.5 and the same is also strengthened by the recovery of blood-stained drovare (iron rod) P.7 at the instance of the appellant, and excepting minor discrepancies here and there nothing has been brought on record by the defence that the P.Ws. had made dishonest improvements in their statements. The P.Ws. have made their statements in a straightforward manner and an implicit reliance can be placed on their testimony. The motive has already been proved on record. The defence evidence is not confidence inspiring.
12. Pursuant to the above discussion I am of the view that the prosecution has succeeded in establishing its case against the appellant beyond doubt. The It. appeal filed by the appellant is dismissed.
N.H.Q./M-1213/L Appeal dismissed.