Improvements made by Witness Before the Court

Improvements made by Witness Before the Court Benefit of doubt Case Laws Criminal Appeal Criminal Law Delay in Post Mortem Improvements Knowledge - Criminal Law Lahore High Court Litigation & Arbitration Motive Murder Solutions - Criminal Law Mr. Justice Khalid Mahmood Malik, in his judgment has decided the issue of conviction and improvements made by witness before the Court in Criminal Appeal No. 138-J of 2012.

1. By way of this judgment we would like to decide above-mentioned criminal appeal No.138-J of 2012 (Faisal alias Amjad Vs. The state etc.) and Murder Reference No.28 of 2012 as both have emanated out of same judgment dated 03.04.2012, passed by learned Sessions Judge Bahawalnagar in case/F.I.R No.294/2011, dated 28.06.2011, under Sections 302/34 PPC, registered at Police Station Faqirwali, District Bahawalnagar.

2. Through criminal Appeal No.138-J of 2012, appellant Faisal alias Amjad has assailed judgment dated 03.04.2012, delivered by learned Sessions Judg, Bahawalnagar, whereby he convicted Faisal alias Amjad, appellant under Section 302(b) PPC and sentenced him as under:

“Sentenced to “DEATH”. He is also directed to pay an amount of Rs.1,00,000/- to the legal heirs of the deceased as required u/s 544-A Cr.P.C failing which he shall undergo SI for a period of six months.”

Whereas accused Mst. Saima Bibi was acquitted of the charge under Section 302 PPC by extending her the benefit of doubt.

3. Murder Reference No.28/2012 has been sent by the learned trial Court seeking confirmation of death sentence or otherwise awarded to appellant Faisal alias Amjad.

4. The facts of the case as narrated by Muhammad Boota, complainant (PW-3) in his statement before trial court and same statement is reproduced for narration of the facts:

“My father had married two wives. From the first wife I, Talib Hussain deceased and Sughran Bibi our sister are alive. From the second wife, Abdul Majeed has 08 issues including accused Faisal alias Amjad, Mst. Saba, real sister of accused, was married in Chak No.156/3-L with Laskhar Ali. My deceased brother Talib Hussain had married Mst. Saima Bibi accused present in the Court. My step brothers reside at Raja Jung in district Kasur. Faisal accused developed illicit relation with Mst, Saima Bibi accused. I stopped him from visiting our house. 15 days prior to this occurrence Faisal accused kidnapped Mst. Saima accused. One day prior to this occurrence, we received information that Faisal accused and Saima accused are living with Lashkar in Chak No.156/3-L. On 27.06.2011 I, Talib Hussain deceased and Gulzar PW left Lahore for Haroon Abad. We reached Haroonabad at about 02.30/ 3.00 a.m. I took Rickshaw from Haroon Abad Bus stand and went to Chak No.156/3-L and reached there at about 04.30 a.m. We went to the house of Sana Ullah Jat who had relation in our Chak. We informed him about the occurrence and told him that Faisal alias Amjad accused had brought Mst. Saima Bibi accused from our house. About 04 minutes prior to 05.00 a.m. we went to the house of Laskhar Ali alongwith Sana Ullah. As soon as we entered the Ihatta of Lashkar Ali, we saw Faisal and Mst, Saima accused sitting on a cot in the courtyard. There were two doors of the Ihatta without shatters. My brother Talib was ahead of us. On seeing us Faisal alias Amjad accused tried to run away. My brother chased him. Mst. Saima accused asked Faisal accused that Talib should be shot dead, then Faisal accused fired hitting Talib on upper part of right side of his neck. My brother fell on the ground infront of my eyes and died at the spot. I got drafted application from the village and was proceeding to the police station on a motor cycle. On the way police was picketing at Railway Crossing Chak No.21/6-R, I handed over the application to the police. Application Exh PB bears my thumb impression. One employee of the police went to the police station while the other accompanied me to the spot where the police recorded the statements of witnesses. The dead body was dispatched to the mortuary to T.H.Q Hospital Haroonabad from where I received the dead body of my deceased brother Talib Hussain.”

5. After registration of the case and on completion of investigation, report under Section 173 Cr.P.C was submitted in the trial court. Learned Trial Court, after observing legal formalities provided under Criminal Procedure Code framed the charge against the appellant and his co-accused Mst. Saima Bibi(since acquitted) under Sections 302/34 PPC, to which they pleaded not guilty and claimed trial. The prosecution evidence was summoned. In support of its version, prosecution examined Amjad Ali 611/HC(PW-1), Muhammad Anser, Patwari Halqa (PW-2), Muhammad Boota, complainant (PW-3), Sana Ullah (PW-4), Dr. Zulfiqar Ali CMO (PW-5), Muhammad Iqbal 722/HC(PW-6), Ali Akbar 521/C (PW-7), Allah Bakhsh 36/C(PW-8), Majid Iqbal S.I 313/B (PW-9), Muhammad Safdar 94/C (PW-10), Abbas Ali S.I/ I.O(PW-11) and Abdul Hameed S.I (PW-12). Learned Prosecutor after tendering report of Chemical Examiner(Ex:PJ), report of Serologist(Ex:PK) and report of Forensic Science Laboratory (Ex:PL) closed prosecution evidence. Thereafter appellant/ convict and his co-accused were examined under Section 342 Cr.P.C. and entire evidence produced by the prosecution has put to them in shape of questions, which they termed as incorrect. In reply to a question that why this case against him and why PWs have deposed against him, appellant replied as under:

“The PWs are inimical towards me and my co-accused and relative of the deceased. My father Abdul Majeed had divorced the mother of complainant Muhammad Boota and deceased and had married with my mother. Since then, we are not on speaking terms with each others. My father had also turned them out of his house and did not give them any subsistence allowance..”

In reply to a question that have you anything else to say, appellant Faisal alias Amjad replied as under:

“I am innocent. On the day of occurrence 28.06.2011 I was present at Lahore when my father received information from Lashkar Ali my brother in law in whose house the murder had taken place. My father and brothers went there. Muhammad Boota complainant being inimical towards us had cocked up a false story with the assistance of Sana Ullah, a resident of Chak No.165/3-L and with the manipulation of the police officials. This was the reason that the post mortem was delayed for 12 hours because the complainant reached the Chak at about 3.00 p.m. on 28.06.2011.I was present at Lahore at the time of occurrence at the day of occurrence and had nothing to do with the death of Talib Hussain. I was arrested from Lahore and brought to police Station Faqirwali and the police planted the pistol P-5 as well as crime empty against me to strengthen the prosecution case.”

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