Testimony of Interested and Injured Witness

Testimony of Interested and Injured Witness Benefit of doubt Case Laws Complaint Case Criminal Appeal Criminal Law Delay in Post Mortem Injured Witness Interested Witness Knowledge - Criminal Law Lahore High Court Litigation & Arbitration Murder Solutions - Criminal Law Mr. Justice Farrukh Gulzar Awan in his judgment has decided the issue regarding conviction on the testimony of interested and injured witness in Criminal Appeal No. 1138 of 2010.

1. Before us, Shahid alias Waris, the appellant is threatening death gallows and appellant Yasin is undergoing the imprisonment for life being charged, tried and convicted by the learned Sessions Judge, Sahiwal vide judgment dated 29.11.2010 in private complainant titled ‘Muhammad Arif vs. Shahid alias Waris etc.’, for offences under Sections 302/324/337-A(i)/452/337-F(ii)/337-L(ii) of The Pakistan Penal Code (Act XLV of 1860), Police Station, Dera Raheem District Sahiwal.

Shahid alias Waris appellant was sentenced as under:

Under Section 302(b) PPC
Death and to pay the compensation of Rs.100,000/- to the legal heirs of Riaz deceased recoverable under Section 544-A Cr.P.C. and in default thereof to further undergo simple imprisonment for six months.

Under Section 452/34 PPC
Rigorous imprisonment for five years and to pay the fine of Rs.5000/- and in default thereof to further undergo simple imprisonment for one month.

Under Section 324/34 PPC
Rigorous imprisonment for five years and to pay the fine of Rs.10,000/- and in default thereof to further undergo simple imprisonment for two months.
Appellant Yasin was sentenced as under:-

Under Section 302/34 PPC
Imprisonment for life and to pay the compensation of Rs.50,000/- to the legal heirs of Riaz deceased recoverable under Section 544-A Cr.P.C. and in default thereof to further undergo simple imprisonment for three months.

Under Section 324 PPC
Rigorous imprisonment for five years and to pay the fine of Rs.10,000/- and in default thereof to further undergo simple imprisonment for two months.

Under Section 452/34 PPC
Rigorous imprisonment for five years and to pay the fine of Rs.5000/- and in default thereof to further undergo simple imprisonment for one month.

All the aforesaid sentences were ordered to run concurrently.

2. Feeling aggrieved, the appellants filed instant appeal against their conviction, which shall be decided along with the captioned Murder Reference seeking confirmation or otherwise of death sentence of Shahid alias Waris through this single judgment.

3. Prosecution’s case is based upon the aforesaid titled complaint Ex.PA filed by Muhammad Arif (PW-1) wherein he alleged that his sister Mst. Mumtaz Bibi (PW-2) was married with Shahid alias Waris (appellant) and out of the wedlock one daughter was born and was living with her mother. Mumtaz Bibi had left the house of her husband three years ago and was living with them/her brothers. On 5.2.2008 at about 11:30 p.m. his sister Mumtaz Bibi (PW-2) opened the door on hearing barking dogs and knocking whereupon Shahid alias Waris (appellant), Yasin (appellant), Jafar and Arif (both since acquitted) forcibly entered into the house and tried to snatch minor daughter from Mumtaz Bibi whereupon Mumtaz Bibi and Pathani Bibi, another sisters of the complainant, raised hue and cry. The complainant and his brother Riaz (deceased), who were sleeping in the adjacent room, came in the courtyard and saw in the light of electric bulb that Shahid alias Waris armed with pistol, Yasin armed with pistol, Jafar armed with pistol and Arif armed with gun were present there. Shahid alias Waris appellant was extending threats to hand over the child to him otherwise he would kill them and directed his co-accused to forcibly pick up Mumtaz Bibi and the minor child. Riaz deceased intercepted them. Shahid alias Waris raised lalkara and fired which hit Riaz on the front of his chest. The complainant forwarded and tried to resist whereupon Jafar (since acquitted) fired which passed by the side of the complainant. Yasin (appellant) fired which hit on the head of the complainant. Jafar gave butt blow of his pistol on the left side of head of the complainant. Arif gave butt blow of his gun on the right arm of the complainant. Thereafter, all the accused gave sever beating to the complainant who fell down being seriously injured. On hue and cry Zakir (since given up) and Ghulam Farid (PW-3) reached there and on seeing them, all the accused persons fled away from the spot along with their respective weapons. They attended Riaz Ahmad but he had succumbed to the injuries.

Motive behind the occurrence is that appellant Shahid alias Waris was married with Mumtaz Bibi, sister of the complainant, who had left the house of her husband along with her minor daughter and was living with her brothers, the accused persons tried to forcibly take them and on the resistance of the complainant party, they done away with Riaz deceased.

4. It was further alleged in the private complaint Ex.PA that the complainant was shifted to hospital under critical condition and the police being in league with the accused persons, did not record the correct version of Mumtaz Bibi and registered case FIR No.52 dated 5.2.2008, under Sections 302/324/337-F(ii)/337-A(i)/337-L(ii)/337H/34 PPC at Police Station Dera Raheem. She approached the learned Ex-officio Justice of Peace and also tried for change of investigation but of no avail. Being dissatisfied with the investigation conducted by the local police, the complaint constrained to file private complaint.

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