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Criminal Appeal No. 151 of 1982, decided on 9th April, 1986.

‑‑‑S. 307‑‑Only evidence against accused was that of complainant's who changed his earlier version as given in first information report and as such his evidence was not reliable‑‑Important eye‑witness not examined‑ Injured prosecution witnesses not supporting prosecution case‑‑Private Mashirs also not examined‑‑Knife allegedly used not sent to Chemical Examiner‑‑According to Mashirnama produced by Investigating Officer there was no blood on Chhuri‑‑Main co‑accused already acquitted on same evidence‑‑Prosecution failing to prove its case beyond reasonable doubt‑‑Accused given benefit of doubt and acquitted.

Hassan Jaffar for Appellant.

Akhlaq Ahmed Siddiqui for the State.

Date of hearing 9th April, 1986.

Appellant alongwith others was tried for the offences punishable under sections 307, 148, 149, P.P.C. by the VIIIth Additional Sessions Judge, Karachi. He acquitted co‑accused Mohammad Saleem, Khalid Mustafa and Mohammad Ahmed but convicted the appellant Mohammad Haroon and sentenced hire to suffer R.I. for 4 years and to pay fine of Rs.3,000 in default to suffer R.I. for six months more. He further ordered the appellant to pay Rs.2,CO0 as compensation to complainant Mohammed Idrees. Appellant being aggrieved, has filed this appeal under section 410, Cr.P.C.

The case of prosecution briefly stated is that on 2‑9‑1977 at about 8 15 p.m. complainant alongwith his friend Ghulam Murtaza was going to Khokharapar from Saudabad on Scooter. When he reached at Bus stop one car which was being driven by accused Ahmed hit his scooter. Complainant asked driver as to why he hit his scooter whereupon Ahmed started quarreling with him. In the meanwhile his supporters, namely Haroon, Saleem, Khalid and 2‑3 other persons came and they took out Chhuri and started giving him blows. P.W. Saeed came to rescue complainant where upon appellant also caused Chhuri injuries to him. Idrees was taken at Police Station, Malir Extension Karachi, by P.W. Mohammad Nasir. He lodged his report under sections 307, 147, 148 and 149, P.P.C. After usual investigation the case was challaned. During the trial prosecution examined complainant Mohammad Idrees who produced F.I.R. Exh.2‑A. He stated that on the day of incident he alongwith his son aged about two years were going on scooter and Ghulam Murtaza was with him. When he reached Khokharapar, a car driven by Ahmed hit his scooter with the result that all the 3 fell down on the ground and car driver ran away in the street towards the garrage of his father. Complainant went there where appellant Haroon and accused Saleem came. He stated that Haioon had Chhuri and Saleem had Danda. Haroon inflicted two Chhuri injuries on his abdomen while Saleem gave him Danda blows on his left shoulder. In the meantime so many people collected but one boy Saeed came to rescue him whereupon appellant Haroon also inflicted Chhuri injury to Saeed on his abdomen. Complainant was taken by one Nasir to Police Station Malir Extension, where he lodged his report. He has stated that his son was taken away by some one to his house while Ghulam Murtaza had gone to Hospital.

P.W.2 Mohammad Nasir Exh.4 has stated that he saw complainant lying injured. He took him to Police Station Malir Extention, Karachi, then he went away.

He has not implicated the appellant. He has not stated who caused injuries to complainant and Saeed. P.W.3 Saeed Ahmad Exh.5 has stated that he was taking tea in a hotel. He heard commotion and came out. He found so many people collected there. He has stated that he saw one army man and some boys were fighting with each other and one of them was known to him. He intervened and received Chhuri injuries. He has not given the name of assailant. He has also not implicated the appellant. P.W. Saleem was given up. P.WA A.S.I. Kadardad S.H.O. Special Branch in those days, was A.S.I. Malir Extention Police Station. He registered the case and recorded statements of th,., witnesses. he secured blood stained knife or. pointation of appellant Haroon from Ali Motor Garrage. he has produced Mashirnama Exh.8/A. He also visited Vardat and prepared Mashirnama Exh.8/B. Dr.Akbar Exh.10 has stated that on 2‑9‑1977 he was Medical Officer, Jinnah Hospital, Karachi. On that day injured Mohammad Idrees was referred for examination and certificate. He found following 3 injuries on Idrees caused by sharp‑edged weapon.:

"(1) Incised wound 1" x 1,14" x suspected cavity deep, on left upper sheet (Black of chest),

(2) Incise wound 1/4" x 1/4" suspected cavity deep, on middle zone, left side of chest ort axillery line.

(3) Incised wound 4" x 1/2 x suspected pertoneal deep on cerntral abdomen:'

He has also stated that Mohammad Idrees was admitted in P.N. Shaffa on 3‑9‑1977 and was discharged on 12‑9‑1977.

I have heard Mr. Hassan Jaffar for the appellant and Mr. Akhtar Ahmed Siddiqui for the State, who does not support the conviction. In the present case there is only evidence of complainant. Important eye‑witness Ghularn Murtaza was not examined. Injured Mohammad Saeed and P.W. Mohammad Nasir have not supported the case. The private Mashir has not been examined. The knife was not sent to Chemical Examiner, therefore, no such report is available on record. The Mashirnamas have been produced by the Investigating Officer. According to the Mashirnama there was no blood on Chhuri. There is only evidence of complainant which is not supported by any other circumstance. The evidence of complainant is such that no reliance can be placed because he has changed from the earlier version as given in the F.I.R. There are material contradictions in the evidence and F.I.R. Ahmed main co‑accused on the same evidence has already been acquitted. Up shot of the above discussion is that prosecution has not proved the case beyond reasonable doubt. Therefore, applicant can get benefit of doubt. I, therefore allow the appeal, and acquit appellant. He is on bail his bond stands cancelled.

M.Y.H./M‑150/K Appeal accepted.

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