PLJ 2024 Cr.C. (Note) 258
[Lahore High Court]
Present: Sadaqat Ali Khan, J.
versus
STATE--Respondent
Crl. A. No. 223140 of 2018, heard on 5.4.2024.
Pakistan Penal Code, 1860 (XLV of 1860)--
----Ss. 302(b) & 324--Qatl-e-amd--Conviction and sentence--Challenge to--Motive of occurrence--Fire-arm injuries--Crime empties recovered--They were cross-examined at length but their evidence could not be shaken during process of cross-examination--They have corroborated one another on all material aspects of case--They have also established their presence at time of occurrence at place of occurrence with their stated reasons--Their evidence is straightforward, trustworthy and confidence inspiring and cannot be discarded mere on probabilities--Appellants while denying their involvement in present case in their statements recorded u/S. 342, Cr.P.C. stated that they have falsely been involved in this case--Appellants have neither opted to appear under Section 340(2), Cr.P.C. nor produced any defence evidence in support of their defence plea which has rightly been discarded by trial Court with sufficient reasons--Prosecution has proved its case beyond shadow of doubt against appellants who have rightly been convicted and sentenced by trial Court through impugned judgment which are maintained. [Para 4, 9 & 10] A, C & D
Acquittal--
----The acquittal of co-accused with different role is also not fatal to prosecution. [Para 6] B
2020 SCMR 1414.
Mr. Muhammad Tayyab Hanif Chaudhary, Advocate with Muhammad Arslan @ Waseem for Appellant.
Rai Akhtar Hussain, APG for State.
Sardar Muhammad Asim Javaid, Advocate with Muhammad Sajid PW-7 for Complainant.
Date of hearing: 5.4.2024.
Judgment
Appellants (Muhammad Ejaz Muhammad Arsalan @ Waseem) along with their co-accused Muhammad Iqbal and Muhammad Shareef (sineeaequitted) have been tried the trial Court in case FIR No. 459 dated 29.03.2017 offences under Sections 302/324/ 109/34/337-F(ii), PPC Police Station Saddar, District Faisalabad, and were convicted and sentenced vide judgement dated 19.04.2018 as under:
Muhammad Ejaz (appellant)
Under Section 302(b), PPC Sentenced to imprisonment for life (RI) for committing Qatl-i-Amd of Qasir Rizwan (deceased) with compensation Rs. 400,000/- payable to the legal heirs of deceased under Section 544-A of Cr.P.C. (recoverable as arrears of land revenues) and in default whereof to further undergo simple imprisonment for 6-months.
Benefit of Section 382-B, Cr.P.C. was extended in his favour.
Muhammad Arsalan @ Waseem (appellant)
Under Section 324, PPC Sentenced to five years RI with fine of Rs. 50,000/ and in default whereof to further undergo simple imprisonment for two months.
Under Section 337-F(iii), PPC Sentenced to three years RI and to pay Daman Rs. 30,000/- to injured Abid.
Both the sentences were ordered to run concurrently with benefit of Section 382-B, Cr.P.C.
2. Heard. Record perused.
3. Qasir Rizwan was done to death whereas Abid sustained injuries during the occurrence took place in the street on 29.03.2017 at 05.50 a.m., whereafter FIR was lodged on the same day at 7.00 a.m, on the statement of his father Abdul Shakoor PW-5 who and his maternal nephews Abid PW-6/injured and Muhammad Sajid PW-7 claim themselves to be the eye-witnesses of the occurrence.
4. Abid PW-6/injured stated before the trial Court that on 29.03.2017 he was carrying Ice on Dala when took turn from Noor Pur to Khan Model Colony and reached near Shabbir Karana Store, suddenly, Muhammad Ejaz and, Muhammad Arsalan @ Waseem (appellants) along with their co-accused Muhammad Iqbal and Muhammad Shareef (since acquitted) came there on motorcycles, got stopped his vehicle/Dala. Muhammad Ejaz (appellant) made fire shots hitting on different parts of the body of Qasir Rizwan (deceased) whereas Muhammad Arsalan @ Waseem (appellant) made fire shot hitting on his leg. Qasir Rizwan succumbed to the injuries at the spot whereas he was shifted to Hospital for medical examination. Abdul Shakoor PW-5 and Muhammad Sajid PW-7 have reiterated the same story before the trial Court. They were cross-examined at length but their evidence could not be shaken during the process of cross-examination. They have corroborated one another on all material aspects of the case. They have also established their presence at the time of occurrence at the place of occurrence with their stated reasons. Their evidence is straightforward, trustworthy and confidence inspiring and cannot be discarded mere on probabilities.
5. The discrepancies pointed out by the learned counsel for the appellants in the statements of the PWs are minor and general in nature, occur in every case when witnesses (who are human beings) are cross-examined after a long time of the occurrence as in present case, are not fatal to the prosecution case.
6. The acquittal of co-accused with different role is also not fatal to the prosecution case (2020 SCMR 1414 “Javed Ishfaq vs. The State”).
7. Motive of the occurrence was that two days prior to the present occurrence i.e 27.03.2017 both the appellants had caused fire-arm injuries on the persons of Muhammad Majid and his mother Kausar Bibi and in this respect FIR was lodged against the appellants which is not denied. Abid P.W-6/injured and Muhammad Sajid PW-7 are real sons of Kausar Bibi.
8. Report of PFSA i.e. Exh.P shows that pistol .30-bore recovered on pointing out of Muhammad Ejaz (appellant) has matched with the crime empties collected from the place of occurrence. Pistol .30-bore recovered on pointing out Muhammad Arsalan @ Waseem (appellant) has not matched with the crime empties collected from the place of occurrence but it is not fatal to the prosecution case.
9. Appellants while denying their involvement in the present case in their statements recorded under Section 342, Cr.P.C. stated that they have falsely been involved in this case. Appellants have neither opted to appear under Section 340(2), Cr.P.C. nor produced any defence evidence in support of their defence plea which has rightly been discarded by the trial Court with sufficient reasons.
10. In view of above, prosecution has proved its case beyond shadow of doubt against the appellants (Muhammad Ejaz and Muhammad Arsalan @ Waseem) Who have rightly been convicted and sentenced by the trial Court through the impugned judgment which are maintained. Both the sentences of Muhammad Arsalan @ Waseem (appellant) shall run concurrently. Benefit of Section 382-B, Cr.P.C. is given to the appellants. Muhammad Arsalan @ Waseem (appellant) present in Court on bail is directed to arrested and be sent to Jail to serve out his remaining sentences. His bail bonds stand discharged. This criminal appeal filed by the appellants, having no merits is hereby dismissed.
(A.A.K.) Appeal dismissed
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