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Criminal Appeals Nos. J‑131, J‑l99 and Confirmation Case No. 17 of 1975, decided on the April 1977.

‑‑ S. 302‑Evidence; appreciation of‑Testimony of natural eye witnesses of occurrence consistent and corroborated by recoveries of blood‑stained crime spear and clothes from accused‑‑Nothing to show as to why such Witnesses would depose against accused‑Accused committing murder of six innocent persons‑Conviction and death sentence maintained, in circumstances.‑--[Evidence].

‑‑‑ S. 307 read with S. 324‑Conviction, alteration of‑Prosecution witness, victim of murderous assault, sustaining four injuries, all simple in nature‑Conviction under S. 307 altered to one under S. 324, P. P. C.

Abdul Razzak Siddiqui Pauper for Appellant.

Jalaluddin Baloch for the State.

Date of hearing : 8th July 1976.

.‑Abdul Hamid alias Majid son of Muhammad Ismail the appellant was tried by Mr. Khuda Buksh A. Kazi. Sessions Judge, Sanghar on charges under sections 302 and 307, P. P. C. for committing murder of Muhammad Sharif, his wife Mst. Fatima, leis daughter Mst. Shakila and his sons Arshad Azim, Muhammad Rafique and Tariq Jawed arid for causing injuries to Mst. Shahina daughter of Muhammad Sharif with a spear in attempting to murder her.

2. The learned Sessions Judge, Sanghar convicted the appellant under section 302, P. P. C, and sentenced him to death subject to the confirmation of the sentence of death by this Court. He also convicted him under section, 307, P. P. C. for attempting to murder Mst. Shahina and sentenced him to imprisonment for life.

3. Abdul Hamid has filed this appeal being No. J‑131 of 1975 against his aforesaid conviction. The reference under section 14, Cr. P. C. is also before us for confirmation of the sentence of death awarded to him. We propose to deal with and dispose of the appeal as well as the reference by this judgment.

4. The prosecution case as revealed in the F. I. R. lodged by Muhammad Din on 15‑5‑1973 at 7‑00 a. m. at Police Station, Shahdadpur is that the complainant was a Hari of Ch. Barkat Ali. He, deceased Muhammad Sharif and the appellant Abdul Hamid resided in the same Kote where deceased Muhammad Sharif and the appellant had got their own pieces of lands, which they cultivated themselves. About 2 months before the date of incident a dispute had arisen between the deceased Muhammad Sharif and the appellant over 'Panna' of the land and they were also annoyed with each other on domestic affairs and therefore, were not on talking terms with each other. The night before the incident about 8 or 9 p, m. the complainant was at his Khara, which was near his house when all of a sudden he heard noise and cries from the house of Muhammad Sharif and ran towards it. In the meanwhile Din Muhammad son of Fateh Din also came running after him to the house of Muhammad Sharif. They saw that the appellant who was holding a spear within their sight, gave spear blows to Mst. Fatima, her sons Muhammad Rafique and Tariq Jawed who all fell down. The complainant and Muhammad Din gave him 'Hakal' not to kill them, whereupon the accused told them not to come near him other wise he threatened that he would kill them also. They due to fear stood there as they were empty‑handed Then Abdul Hamid went inside the house of Muhammad Sharif where his other children namely, Arshad Azim, Shakila were sleeping whom he also gave spear blows and killed them and after doing so the appellant scaled over the wall and ran away to his house along with the spear. The complainant and Din Muhammad then went inside the house; and saw Mst. Shakila who cad received injuries or, her chest and had died and Mst. Shahina who had received injuries on her leg was laying injured. The complainant however, stayed at the house and Din Muhammad went to Khara to inform Muhammad Sharif but he came back and informed him that Muhammad Sharif had also been killed with a spear. The complainant then left Din Mohammed there and went to the village of Rashid Rajput where his relations Fakir Mohammad and others lived. He informed Fakir Muhammad about the incident. Thereafter Fakir Muhammad Munir and Mohammad Din Arain accompanied him to the wardat who saw and heard about the story. He further stated that they had lamps in their hands and on hearing their voice Khalid Pervaz aged about 9‑10 years who was hidden in the house came out and told them that Abdul Hamid had entered into their house and gave spear blows to his brother Arched, sisters Shakila and Shahina and due to fear he had bidden himself in the house but had witnessed the incident and on hearing the cries from them bad come out. The complainant further stated that be and other above‑named persons stayed with the dead bodies for the night, and came to lodge report in the morning leaving the witnesses behind with the dead bodies.

5. The appellant was arrested on 16‑5‑1973 by A. S. I. P. Malook Hussain in presence of Mashirs Barkat Ali and Khushee Mohammad. A blood stained spear was secured from him vide memo of recovery Exh. 25. Blood stained loin‑cloth and shirt were also secured from his person vide memo. of recovery Exh. 24. All these articles were found by the Chemical Analyser to be stained with human blood. On 17‑5‑1973 appellant was produced before the Civil Judge & F. C. M., Shabdadpur who recorded his judicial confession Exh. 36.

6. Autopsy on the bodies of the deceased persons revealed multiple spear injuries on these persons and that they died as a result of these injuries, has not been disputed either at the trial or before us by the learned counsel for the appellant. Mst. Sabina had also four incised injuries, which were caused by spear.

7. The appellant denied the allegation against him but did not give any reasons as to why the prosecution witnesses were deposing against him. In fact he admitted at the trial that he bad no enmity with any of the prosecution witnesses. About the judicial confession he stated that he did not know if he bad given the judicial confession and that it was neither true nor voluntary.

8. The conviction of the appellant is based on the occular testimony of complainant Muhammad Din who deposed the facts as narrated by him in the F. I. R. the contents whereof are stated herein above. He has been frilly supported by P. W. Din Muhammad and Khalid Pervez. Complainant Mohammad Din and P. W. Din Muhammad admittedly live in the same Kote with the deceased Muhammad Sharif and they are natural witnesses. They have no reason to falsely implicate the appellant. In fact the appellant himself has not been able to allege any enmity against these or any witnesses. P. W. Khalid Pervez son of deceased Muhammad Sharif who was studying in the 4th class also narrated the entire incident, which he saw from behind the cornbin.

9. The learned Judge found this witness intelligent and grown up and it is significant that not a single question was put to him in cross‑examina tion by the learned defence counsel. it is therefore, impossible to reject his testimony which is by itself sufficient to sustain the conviction of the appellant.

10. However, the ocular evidence has been corroborated by the recoveries of the blood‑stained appear and the clothes from the appellant which we find no reason to doubt.

11. The appellant has also admitted the entire prosecution case in his judicial confession Exh. 36 which was recorded on the next day of his arrest with all the formalities.

12. The guilt of the appellant is therefore, fully established and we have therefore no hesitation to maintain his conviction under section 302, P. P. C. and confirm his sentence of death as he committed gruesome murder of six innocent persons.

13. As regards the conviction under section, 367, P. P. C. for causing injuries to Mst. Sabina we find that according to the evidence of Dr. Fakir Hussain Exh. 37 all the four injuries were simple in nature and they do not necessarily lead to the inference that the appellant intended to commit her murder. We would accordingly, alter his conviction under section 307, P. P. C. to one under section 324, P. P. C. arid substitute a sentence of regorous imprisonment of 3 years for the sentence of imprisonment for life and with this modification the appeal stands dismissed. The reference under section 374, Cr. P. C. is accepted and the sentence of death confirmed. In consequence, Criminal Appeal No. J‑199 of 1975 is also dismissed.

AGHA ALI HYDER J.‑----I agree.

Order accordingly.

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