MUHAMMAD MAZHAR vs THE STATE

SARDAR MUHAMMAD DOGAR, J. Muhammad Mazhar and his brother Naseer Ahmad were tried by the Additional Sessions Judge, Gujrat for having murdered Ghulam Rasul on 22-1-1987 at Shaamwela near the Dera of Muhammad Hayat, in the area of village Mohla, at a distance of 4 miles from Police Station Kunjah, District Gujrat.

Learned trial Judge vide judgment dated 5-4-1988 convicted Muhammad Mazhar under section 302, P.P.C. And sentenced him to imprisonment for life plus to pay a fine of Rs.10,000 in default whereof to suffer R.I. For one year. Half of the fine, on realization, has been directed to be paid as compensation to the heirs of the deceased. His brother Naseer Ahmad was acquitted vide same judgment.

2. The convict has filed Criminal Appeal No.762 of 1988. The State also preferred Criminal Appeal No.978 of 1988 against the acquittal of Naseer Ahmad. The same was admitted and notice was issued to him. The matter came up before the D.B. Because of admission of State appeal against Naseer Ahmad. Since the appeal riled by the convict and the State appeal filed against the acquittal of Naseer Ahmad have arisen out of the same judgment, they are being disposed of together.

3. F.I.R. Exh.P.D./1 was recorded at Police Station Kunjah on 22-1-1987 at 7-15 p.m. On receipt of statement Exh.P.D. Of Muhammad Azmat P.W.5 recorded by Hakim Ali, S.I. P.W.13 on the same day at 6-30 p.m. At Adda Lorian Shadiwal. The challan was submitted to Court against both the accused after completion of necessary investigation.

4. Statements of thirteen P.Ws. Were recorded at the trial, which included eye-witnesses Azmat P.W.5, Sakhi Muhammad P.W.6, Investigating Officers Ahmad Shuja P.W.8, Hakim Ali, S.I. P.W.13 and Dr. Iftikhar Ahmad P.W.7, who had performed autopsy. The evidence of recovery of weapon of offence from Muhammad Mazhar, was also led at the trial.

5. Prosecution case at the trial was that the deceased was coming towards his village along with Muhammad Azmat P.W.5 and Muhammad Asghar P.W., from the side of river Chenab. Sun was about to set. When they reached near the Dera of Muhammad Hayat, Muhammad Mazhar and Naseer Ahmad armed with pistols came out from a sugar cane filed. Muhammad Naseer exhorted Muhammad Mazhar, whereupon he (Mazhar) fired a shot which struck Ghulam Rasul on the back, and pierced through the chest, whereafter both of them fired a shot each hitting the deceased on the right and left wrists. The occurrence, apart from Muhammad Azmat and Asghar, was also witnessed by Sakhi Muhammad.

6. About motive for the occurrence, it was stated that Muhammad Mazhar used to walk in the village in a vagabond type. Ghulam Rasul had sternly stopped him from doing so, due to which both the brothers had felt aggrieved.

7. Criminal Miscellaneous No.3-M of 1991 was moved on behalf of the appellant and the respondent (in State appeal) that they had compromised with the complainant party and the heirs of the deceased had forgiven them in the name of Allah, so they should be acquitted by way of acceptence of compromise.

8. Learned counsel for the appellant was directed to produce the heirs of the deceased for making statements.

9. Statements of Mst. Irshad Bibi widow of the deceased, Mst. Bashir Bibi mother of the deceased, Ahmad Khan father of the deceased, Shaukat Ali his brother and Muhammad Azmat his first cousin who had lodged the F.I.R., have been recorded separately. All of them have stated that they have forgiven; the accused in the name of Allah ( Z V3 .!I'G ). According to them the deceased had left behind two minor sons and two minor daughters. Their mother and their grand-parents have stated that they have forgiven the accused on their behalf as well, acting as natural guardians.

10. By virtue of the provisions of Qisas and Diyat Ordinance, offence under section 302, P.P.C. Has been made compoundable. Consequent, amendment in section 345, Cr.P.C. Has also been made.

The compromise entered into between the parties is accepted, the appellant is acquitted and the notice issued to Naseer Ahmad respondent is C withdrawn and his acquittal is maintained. He is on bail. His sureties shall stand discharged. Muhammad Mazhar appellant is in jail lie shall be released forthwith if not required in any other case.