IN THE HIGH COURT OF SINDH, BENCH
AT SUKKUR.
Criminal Appeal No.S-25 of 2020
Criminal Appeal No.S-26 of 2020.
Appellant: Ghulam Sarwar son of Arbelo
bycaste Malik. (Confined in Central Prison Sukkur)
Through Mr. Ali Gul
Abbasi advocate.
The State: Through Mr. Shafi Muhammad Mahar, Deputy Prosecutor General, Sindh.
Date of
hearing: 24-02-2022.
Date of judgment: -03-2022.
J U D G M E N T
Amjad Ali
Sahito, J.- By this common judgment, I intend to
dispose of the captioned Crl. Appeals filed by the appellant Ghulam Sarwar
thereby impugned the judgments dated 28-02-2020 passed by learned 1st
Additional Sessions Judge/(MCTC), Sukkur, arising out of Crime No. 302, 148,
149 r/w Section 114 PPC and Crime No. 40/2018, offence u/s 24 Sindh Arms Act, 2013,
registered at Police Station Airport Sukkur “Re. The State Vs. Ghulam Sarwar
Malik”. In main murder case “Sessions Case No. 400/2018”, the appellant has
been convicted and sentenced to suffer life imprisonment as Ta’azir and to pay
fine of Rs. 2,00,000/- (Two lacs) as compensation to the legal heirs of the
deceased. While in an off shoot case “Sessions Case No.305/2018” the appellant
has been convicted and sentenced to suffer two years Imprisonment with fine of
Rs. 5000/-(Five Thousand), in case of default, he shall further suffer 15 days
more. The benefit of section
382-B Cr.P.C also extended to the appellant/accused.
2. Brief facts of the prosecution case are
that complainant Ali Sher lodged the FIR on 16-06-2018 alleging therein that in
the year 2016, the dead body of one Pathan Malik (brother of Abdul Haq) and
others was found in dirty pond situated at Asif Colony, such FIR was lodged by
Abdul Jabbar Malik against Ali Nawaz (brother of complainant and others) and
said case was disposed of by the Court of law, whereupon Abdul Haq remained
annoyed with the complainant. In
consequence of such murder case, on 16-06-2018 complainant along with his
brother Ali Nawaz aged about 36 years, cousins Muhammad Bux and Arbab went
towards Chohan hotel situated at Asif Colony, to take a cup of tea. They were
busy in gossips. It was about 1200 hours noon, when two motorcycles came and
parked outside of the shop. Accused Bhagio, Mehrab, Haji, Abdul Najaf, Sarwar,
Abdul Razzaq alighted from the motorcycles and took out pistols from folds of
their Shalwars. Accused Abdul Najaf Malik instigated the rest accused to kill
Ali Nawaz (brother of complainant), to which accused Bhagio opened direct fires
upon Ali Nawaz, which hit him on his right thigh. Accused Mehrab opened fire
which hit him left side of flank. Accused
Haji fired at Ali Nawaz, which hit him forearm. . Accused Sarwar fired upon Ali
Nawaz, which hit him under right side of chest. Accused Abdul Najaf and Abdul Razzaq
fired upon Ali Nawaz, which hit him on his chest. On receiving fire shot
injuries, Ali Nawaz fell down on the ground while raising cries. Then all the
accused persons went away on their motorcycles towards North. Thereafter the
complainant party arranged the conveyance and shifted the Ali Nawaz to Hospital
and also informed the incident to police, but Ali Nawaz died in the way. On
reaching the complainant party at Hospital, the police party also arrived
there. The post mortem of Ali Nawaz was conducted and then dead boy was handed
over to complainant party. On completion of funeral and burial formalities,
complainant appeared at police station and lodged the above said FIR.
3. After completion of investigation, the
police submitted challan before the Court of law by showing all the accused as
absconders, except accused Abdul Razzaq, whose name was placed in column No.2.
Later-on accused Ghulam Sarwar was arrested and on his pointation one unlicensed
TT pistol along with magazine containing three live bullets were secured, such
FIR No.40/2018 for the offence u/s 24 Sindh Arms Act, 2013 was also registered
against him. Thereafter learned trial Court issued the NBWs against the absconding
accused. The R & Ps of the case were sent to the Court of learned 1st
Additional Sessions Judge/(MCTC) Sukkur by way of transfer for its disposal
according to law. After completion of legal formalities, accused Bhagio,
Mehrab, Haji and Abdul Haq were declared as proclaimed offenders. After
supplying the necessary case papers to accused Ghulam Sarwar, formal charge was
framed against him, to which he pleaded not guilty and claimed to be tried.
4. In order to prove the charge against the
accused, the prosecution has examined all the material witnesses including
complainant, eyewitness, investigation officers, mashirs as well as Medical
Officer, who have also exhibited their respective documents. Ultimately learned
DDPP for the State closed the prosecution side.
5. The Statement of accused was recorded under
Section 342 Cr.PC, but he simply denied the allegations of prosecution and
claimed to be innocent, however, he did not opt to examine himself on oath or
to produce any witness in his defense.
6. The
learned Trial Court, after hearing learned counsel for the parties and assessment
of the evidence, convicted and sentenced the appellant/accused by extending him
benefit of section 382-B Cr.P.C vide judgments dated 28-02-2020, which are impugned by him before this Court by way of
filing captioned Crl. Appeals.
7. Learned counsel for
the appellant/accused contended that the impugned judgments are against the law
and facts of the case; that the appellant/accused is innocent and has falsely
been implicated in this case by the complainant; that it is day time incident
and allegedly occurred in thickly populated area, but no any independent person
has been cited as witness in this case and all the PWs are close relatives of
the complainant as well as deceased; that there is inordinate delay of about 10
hours in lodging the FIR and such delay has not been explained by the
complainant; that there is inordinate delay of thirteen days in recording 161 Cr.P.C statements of PWs;
that appellant was allegedly arrested on 03-07-2018 and led the police party on
08-07-2018 and the empties were secured on 16-06-2018; that there are material
contradictions in between the evidence of prosecution witnesses; that the
evidence of prosecution witnesses is full of contradictions and discrepancies,
which are fatal to the prosecution case. He lastly contended that the
prosecution has miserably failed to prove its case against the appellant/accused,
thus, he is entitled for acquittal. He placed his reliance on cases reported as
2019 SCMR 129 [Abdul Jabbar and another
Vs. The State], 2012 SCMR 89 [ Saeed
Ahmed Vs. Muhammad Nawaz and others], 1995 SCMR 127 [Mehmood Ahmed and 3 others Vs. The State and another], 2017 SCMR
486 (d) [Muhammad Asif Vs. The State],
2019 YLR 2144 (b) [Mehboob Ellahi and
another Vs. The State], 2020 P.Cr.L.J 503 [Jalat Khan Vs. The State], 2020 YLR 676 [Afaq Ahmed Vs. The State], 2019 MLD 455 [Muhammad Shah Nawaz Vs. The State and others], 2020 SCMR 305, 2018
YLR 469 [Muhammad Ilyas and another],
2021 P.Cr.L.J 19 [Hassan Ali Siddiqui
Vs. The State], 2015 SCMR 315 [Pathan
Vs. The State], 2020 YLR 2503 [Faiz
Muhammad Vs. The State and another], 2004 YLR 413 [Khalil Ahmed and others Vs. The State], 2017 SCMR 596 [Mst. Rukhsana Begum and others Vs. Sajjad
and others], 2012 SCMR 327 [ Khalid
@ Khalidi and 2 others Vs. The State], 2017 YLR 2410 [ Abdul Ghafoor Vs. The State) and 2018 SCMR 506 [G.M Niaz Vs. The State].
8. On the other hand, learned DPG for the
State has supported the impugned judgments and opposed for acquittal of
appellant/accused on the ground that he is involved in the FIR with specific
role of causing fire shot injuries to deceased Ali Nawaz at his chest, which it
vital part of body; that no malafide on the part of complainant is found to
involve him in this case falsely; that on 16-06-2018 during investigation, IO
ASI Durood Ali arrested the appellant and during interrogation the appellant
confessed his guilt and led the police party towards date palm garden situated
behind the Asif Colony and produced one unlicensed pistol along with magazine
and three live bullets, which he used in the commission of crime and such FSL
report is received in positive; that the judgments passed by learned trial
Court are well reasoned and have rightly appreciated the evidence while
recording conviction and sentence of the appellant/accused, thus he prayed for
dismissal of the instant Crl. Appeal. He placed his reliance on cases reported
in 2022 YLR 119 [Muhammad Rashid and
another Vs. The State, 2021 P.Cr.L.J 1237, 2021 SCMR 149 [Ghulam Murtaza Vs. The State], 2021
SCMR 289 [Muhammad Afzal Vs. The State],
2002 PLD SC 786, 2014 P.Cr.L.J 885, 2002 PLD SC 222 [Muhammad
Tufail Vs. The State] and 1990 SCMR 1272 [ Muhammad Younas Vs. The State and others].
9. I have heard learned counsel for the
appellant/accused, learned DPG for the State and have perused the material available
on record.
10. Generally, circumstantial
evidence is considered as a weak type of evidence, yet, such weakness alone is
no ground to record an acquittal rather administration of justice for such
situation, requires more care and caution from the Courts while appreciating
the evidence. In such cases, the criterion to see whether circumstantial
evidence can hold a conviction or to depends purely on a single principle which
stood reiterated in the case of ‘Azeem
Khan and another Vs. Mujahid Khan and others (2016 SCMR 274) as under:-
“31.
As discussed earlier, the entire case of
the prosecution is based on circumstantial evidence. The principal of law,
consistently laid down by this Court is that different pieces of such evidence
has to make on chain, an unbroken one where one end of it touches the dead
body and the other the neck of the accused. In case of any missing link in the
chain, the whole chain is broken and no conviction can be recorded in crimes
entailing capital punishment.
11.
It would be quite in line with the
settled principle of law that if all pieces make an unbroken chain, proving the
guilt, the capital conviction can well be awarded. The present case based upon
circumstantial evidence, medical evidence as well as the evidence of Investigating
Officer of the case and complainant duly supported by the evidence of other
prosecution witnesses. Complainant Ali Sher has deposed that in the year 2016,
the dead body of one Pathan son of Abdul Jabbar Malik was found from dirty
pond, they have lodged such FIR of murder against their men Ali Nawaz and
others. His brother Ali Nawaz and others have been acquitted in such murder
case. This incident took place on 16-06-2018. It was the Eid day, he along his
brother Ali Nawaz, cousins Muhammad Bux and Arbab at 1200 hours noon, were busy
in gossips at the hotel of Chohan at Asif Colony, after taking tea. In the
meanwhile they witnessed six persons riding on two bikes had come at parked the
bikes outside of the shop. They identified them to be each Bhagio son of
Pathan, Mehrab son of Muhammad Essa, Haji son of Ghulam Hyder, Abdul Haq @
Najaf son of Abdul Jabbar, all residents of Khanpur District Shikarpur, Ghulam
Sarwar son of Arbelo, Abdul Razzaq son of Mitho both r/o Asif colony, Bachal
Shah Miani. All six persons were armed with pistols. Accused Abdul Haq
instigated the rest accused to finish to his brother Ali Nawaz. Whereupon,
accused Bhagio opened direct fire upon his brother Ali Nawaz, which hit him on
his right thigh, second fire was opened by accused Mehrab which hit him at left
side of flank, the third fire was made by accused Haji, which hit to Ali Nawaz
at left upper arm/doro, accused Ghulam Sarwar opened direct fire upon him,
which hit him under chest towards right side. Accused Abdul Haw and Abdul
Razzaq opened fires upon Ali Nawaz, which hit to him n his chest. On receiving
fires his brother Ali Nawaz fell down on the ground raising the cry. Accused
then drove away towards north. His brother was shivering. He arranged the
conveyance to shift him to Hospital and also informed to police. His brother
died on the way to hospital. They reached at Hospital where a police of P.S
Airport also had arrived. The postmortem was conducted and then dead body was
handed over to him. They returned at home at 05:40 pm with the dead body. On completion
of funeral and burial formalities, he went at PS at 10-00 pm along with PWs
Arbab and Muhammad Bux and get lodged the FIR. He produced such FIR at Ex.
10/A, which is same, corrected and bears his LTI. They returned at home again.
It was about 11-00 pm. I.O/ASI Abdul Karim Khaskheli arrived and they show him
the place of incident at 11-00pm. He secured eight empties of pistol and blood
stained earth and drafted such memo at spot in presence of mashirs Safar and
Muhammad Bux. Accused Ghulam Sarwar and case property present in Court are
same. In order to strengthen the version
of complainant, the prosecution has examined PW Muhammad Bux, who is eyewitness
of the incident and has fully supported the version of complainant. HC Nazeer Hussain Kalhoro who is
mashir has deposed that on 16-06-2018 he was performing his duty at Police
Station Airport. On the same day complainant Ali Sher informed him on Cell
phone that his caste fellow have caused firearm injuries to his brother Ali
Nawaz and he is going to taking his injured brother to Civil Hospital Sukkur.
It was 1200 hours (day time). Again he (complainant) called him at 1215 hours
and disclosed that his brother Ali Nawaz has expired on the way. Thereafter he
kept such entry No.08 in respect of information and produced its carbon copy at
Ex. 07/A and recognized that it is same, correct. After keeping such entry, he
along with other staff arrived at Civil Hospital Sukkur, where he arrived and
inspected the dead body of deceased Ali Nawaz and found six firearm injures,
one on right thigh, same was through and through, second was on arm, third was
on abdomen, fourth and sixth were on chest and last one was on left side of
nipple. He prepared such mashirnama, inquest report and Danistnama of the dead
body in presence of mashirs Safar Ali and Muhammad Bux. Thereafter he handed
over the dead body of deceased to PC Muhammad Aslam for conducting postmortem
from Medical Officer. On the same day, PC handed over bloodstained clothes of
deceased at 01:30 pm and Nasi/brown color Shalwar Kameez and one Nara of white
color and sealed the same, then he prepared such memo in presence of same
mashirs. On the same day, he was available as duty officer at PS Airport at
2200 hours, when complainant Ali Sher came and narrated the facts of cognizable
offence against the nominated accused persons, then he registered FIR bearing
Crime No. 21/2018 u/s 302 PPC etc of PS Airport. The contents thereof were read
over to him and he put his LTI. Thereafter he handed over the case papers to
I/O ASI Abdul Karim Khaskheli for investigation. Prosecution has examined PW Investigation
Officer ASI Abdul Karim Khaskheli, who is deposed that on 16-06-2018 he was
performing his duty as ASI at Police Station Airport. After receiving the
police papers, he visited the place of wardhat and secured bloodstained earth
of the deceased Ali Nawaz and eight empties of TT pistol and prepared such
mashirnama in presence of the mashirs. Thereafter he handed over the case
papers to ASI Durood Ali Gopang for further investigation. ASI Durood
Ali/investigating officer has deposed that on 20-06-2018 he was performing his
duty as ASI at Police Station Airport and on the same day he received case
papers of Crime No. 31/2018 u/s 302 PPC etc of PS Airport from SHO Mushtaq
Ahmed Jatoi for further investigation. On 29-06-2018 he recorded 161 Cr.P.C
statements of the PWs namely Muhammad Bux and Arbab Ali. On 03-07-2018 accused
Ghulam Sarwar Malik was arrested from Saeedabad link road and prepared such
memo in presence of mashirs Safar Ali and Muhammad Bux, which he produced at
Ex. 08/A, which bears his signature and signatures of mashirs. He interrogated
accused on 08-07-2018 vide entry No. 15 in presence of mashirs PC Riaz Ahmed
and PC Abdul Razzaq Jatoi. During interrogation, accused admitted the guilt by
saying that on 16-06-2018 he has committed the murder of Ali Nawaz Malik by
causing him firearm injuries of TT pistol. After interrogation vide entry No.
16, he along with accused, PC Riaz and PC Abdul Razzaq left the police station
in police mobile with DPC Abdul Majeed. He produced carbon copies of such
entries No.15 & 16 at Ex. 08/B and 08/C, which are same. When they arrived
at pointed place, accused led the police party and got stopped the vehicle and
alighted from it. It was about 1800 hours. Accused going ahead from the police
party and took out the pistol from the root of date palm, same was lying in
black shopper. He appointed PC Riaz and PC Abdul Razzaq as mashirs, then
unloaded the pistol, and found three live bullets lying in its magazine. On
enquiry about pistol and bullets, accused disclosed the same to be unlicensed.
Then, he sealed the pistol and bullets separately and prepared such memo in
presence of said mashirs and obtained their signature, which he produced at Ex.
08/D, which is same and correct. Then, they brought the accused along with
recovery at Police Station where he registered FIR against the accused on
behalf of the State bearing Crime No.40/2018 u/s 24 Sindh Arms Act at Police
Station Airport. On 09-07-2018 vide entry No. 21 at 0600 hours, he along PC
Riaz and PC Abdul Razzaq left police station and visited the place of wardhat
and prepared such mashirnama in presence of mashirs PC Riaz and PC Abdul
Razzaq, which he produced at Ex. 08/F. On the same day, he recorded 161 Cr.P.C
statements of PC Riaz and PC Abdul Razzaq. On the same day he also wrote letter
to SSP for getting permission with regard to opinion of recovered pistol from
FSL Larkana. Such FSL report of TT pistol and the opinion of the examination of
the case has revealed as under:-
1. One
30 bore crime empty now marked as “C1” was FIRED
from the above mentioned 30 bore pistol. No rubbed in question in view of the
following major points i.e Striker pin marks, breech face marks, ejector marks
and chamber masks etc are Similar.
2. Seven
30 bore crime empties now marked as “C2 o C8” were NOT FIRED from the above mentioned 30 bore pistol. No rubbed in
question in view of the following major points i.e Striker pin marks breech
face marks, ejector marks and chamber marks etc as Dissimilar.
Thereafter
he was transferred and handed over the case papers to SHO PS Airport. He saw
bloodstained clothes; pistols along with bullets available in Court were same. The
prosecution has also examined SIP Ghulam Asghar, who deposed that on 17-07-2018
he was performing his duty as SIP at P.S Airport and on the same day SHO PS
Airport handed over the case papers of Crime No. 31/2018 u/s 302 PPC etc of P.S
Airport to him for further investigation. On 03-08-2018 he recorded statements
of independent persons and in view of statement, in sufficient evidence against
accused Abdul Razzaq Malik, he kept his name in column No. 2 of the challan.
Thereafter he handed over the case papers to SHO for submission of challan
before the Court of law. He also produced chemical examiner report in respect
of blood stained earth and clothes of deceased at Ex. 09/A, which reveals that
Shirt and Shalwar of above said white clothe parcel No. 1 & earth material
of above said white cloth parcel No.2 are stained with human blood.
12. Although, the witnesses named above, were
cross examined by the defense at length, wherein learned defense counsel asked
multiple questions to shatter their confidence so also their presence at the
scene of occurrence, but could not extract anything in favour of the accused
and they remained consistent on all material points.
13. Prosecution evidence has also found
corroboration from the medical evidence concerning the injuries and time of
incident, which is evident from the evidence of Dr. Sher Muhammad Chachar who
has deposed that on 16-06-2018,
he was posted as Senior Medical Officer at RHC Bachal Shah Miani Sukkur. On
that day SHO P.S, Airport, Sukkur referred the dead body of Ali Nawaz son of Lal
Bux Malik through PC-210 Muhammad Aslam Khan along with police inquest report dated 16-06-2018, for postmortem examination and report of dead
body. He produced carbon copy of police inquest report at Ex.06/A. The body was
identified by two persons namely Ali Sher and Sadoro (brothers). After
receiving the police report, he started the postmortem at 01:15 pm and
completed it at 02:45 pm, on the same day. The body was of a middle age man of
about 36 years of age with average built, eyes were closed, rigor mortez and
P.M staining are in developing stage, wearing dark brown Shalwar Qameez. He
found the following external injuries on the body of the deceased;
Injury No.1. Lacerated
punctured wound present at lateral side of right thigh
measuring 1 cm in diameter circular in shape with inverted margin.
Injury No.2. Lacerated wound of exit at back of upper part of right side of
thigh measuring 3x2 cm.
Injury No.3. Lacerated punctured wound present at left upper part of abdomen
measuring l cm in diameter circular in shape with inverted margins.
Injury No.4. Lacerated wound of exit at right testis measuring 2 x l cm
irregular in shape with averted margins.
Injury No.5. Lacerated punctured wound present at left upper arm measuring
l cm in
diameter circular in shape with inverted margins.
Injury No.6. Lacerated wound of exit on left upper arm medially measuring
2 x 1 cm
irregular in shape with averted margins.
Injury No.7. Lacerated punctured wound present at right side of lateral
aspect of chest measuring 1 cm in diameter circular in shape with inverted
margins.
Injury No.8. Lacerated wound of exit present at left side of chest measuring
2x1 cm irregular in shape with averted margins.
Injury No.9. Lacerated punctured wound of entry of firearm present on the
right side of chest laterally measuring l cm in diameter circular in shape with
inverted margins.
Injury No.10. Lacerated wound of exit near the left side of chest at the level
of nipple measuring 2x1 cm irregular in shape with averted margins.
Injury No.11. Lacerated punctured wound present at right side of abdomen
measuring l cm in diameter circular in shape with inverted margins.
Injury No.12. Lacerated wound of exit present on back of abdomen measuring 2
x 1 cm
irregular in shape with averted margins.
On internal examination Walls, ribs and
cartilages ruptured, pleurae ruptured, right and left lungs perforated, blood
vessels congested, ABDOMEN: walls ruptured, peritoneum ruptured filled with blood, stomach and
its contents perforated, spleen ruptured, whereas rest of the viscera were normal.
From the
external and internal examination of the deceased Ali Nawaz s/o
Lal
Bux Malik, he opined that the death has been occurred due to the hemorrhage and
shock as a result of injuries mentioned earlier. The injuries were ante mortem
and caused by due to discharge from firearm weapons. The injuries
individually and collectively were sufficient to
cause death in ordinary course of nature. The
probable
time between injury and death is
instantaneously, whereas the time
between death and
postmortem was about one and
half hour. He issued such postmortem report which produced at Ex.06/B,
which is same, correct bears his signature. Thereafter, he handed over the
dead
body of deceased
to
concerned PC Muhammad Aslam along with blood stained cloth of deceased.
14. The appellant/accused in his statement u/s
342 Cr.P.C, has simply denied the prosecution allegation by stating that he is innocent
and has falsely been implicated in this case by the complainant due to murder
of Pathan Malik as they had leveled allegation of murder of Pathan upon the
deceased. In this regard appellant/accused has produced certified copies of FIR
bearing Crime No. 60/2016 and Direct Complaint No. 01/2017. Since the defense
has admitted that there is on-going dispute, thus consequence thereto
occurrence of criminal offence has also been admitted, because specific piece
of evidence has not been contradicted, which presumes to be admitted. The
complainant and other prosecution witnesses in their evidence have
categorically stated that accused Ghulam Sarwar due to the enmity over the murder
of Pathan Malik accompanied with other accused, who are absconders, attacked
and fired upon Ali Nawaz brother of complainant from their respective weapons
and committed his murder, which has been corroborated by the Medical evidence. This
aspect of the matter has not been contradicted by the defense during lengthy
cross examination meaning thereby that it been admitted. The bone of contention
between the parties is murder of Pathan Malik upon which the accused persons
attacked upon the Ali Nawaz brother of complainant and committed his murder.
15. It has come on record that on 16-06-2018 at
1200 hours beside Chohan Hotel inside shop situated at Asif Colony Bachal Shah
Miani, accused Ghulam Sarwar Malik along with absconding accused Bhagio, Mehrab,
Haji and Abdul Haq (declared proclaimed offenders) duly armed with pistols formed
an unlawful assembly and in prosecution of their common object, at the abetment
of absconding accused Abdul Haq fired pistol shots at Ali Nawaz the brother of
complainant Ali Sher and committed his murder and such FIR No. 31/2018 was
registered by the complainant Ali Sher against the accused. During
investigation of the said main murder case, appellant/accused Ghulam Sarwar was
arrested on 03-07-2018 by ASI Durood Ali in presence of mashirs Safar Ali and
Muhammad Bux. During interrogation, the appellant/accused led the police party
towards the place where from he produced the crime weapon i.e one unlicensed TT
pistol along with magazine and three live bullets, in presence of mashirs,
which he used in the commission of offence/murder of Ali Nawaz, such FIR was
also registered against the appellant/accused.
16. The investigating officer of the case was
also examined, who has visited the place of wardhat, prepared mashirnama of
injuries, recorded 161 Cr.P.C statements of PWs etc and during investigation,
arrested the appellant/accused and on his pointation recovered unlicensed TT
pistol along with magazine and three live bullets. After completing all the Codal
formalities, he has submitted the challan before the Court of law. From the
careful evidence produced by the prosecution as well as documents produced by
the appellant/accused, it appears that the prosecution has fully established
the charge against the accused Ghulam Sarwar, who along with absconding accused
made straight fires upon Ali Nawaz brother of complainant, which hit at different
parts of his body and committed his murder and one unlicensed TT pistol along
with magazine and three live bullets were recovered on his pointation.
17. The appellant/accused is involved in
murder case with specific role by causing injuries at the deceased Ali Nawaz at
his chest and as per medical officer the injuries were ante mortem and caused
by due to discharge from firearm weapons and the injuries individually and
collectively were sufficient to cause death in ordinary course of nature. The
minor discrepancies, if any, in statements of all the witnesses are not enough
to demolish the case of prosecution, because these discrepancies always
occurred on account of lapse of time which can be ignored. It is also settled
principle that statements of witnesses have to be read as a whole and the Court
should not pick up a sentence in isolation from the entire statement and
ignoring its proper reference, which may use against or in favour of a party.
The contradictions must be material and substantial to adversely affect the
case of the prosecution.
18. The upshot of above discussion is that, the
prosecution has successfully established charges of murder of Ali Nawaz as well
as recovery of crime weapon/unlicensed pistol along with magazine and three
live bullets against the appellant/accused through ocular account furnished by
eyewitnesses, which is corroborated by the medical evidence coupled with circumstantial
evidence as well as FSL report. Learned counsel for the
appellant/accused has failed to point out any material illegality or serious
infirmity committed by learned trial Court while passing the impugned judgments,
which in my humble view is based on appreciation of the evidence and the same
does not call for any interference by this Court. Thus, the conviction awarded
to the appellant/accused by learned trial Court is hereby maintained and the
instant Crl. Appeal filed by the appellant/accused, merits no consideration,
which is dismissed accordingly.
JUDGE
Nasim/P.A