2024 M L D 907
[Balochistan (Sibi Bench)]
Before Rozi Khan Barrech, J
HASSAN ALI and others ----Appellants
Versus
The STATE---- Respondent
Criminal Appeal Nos.(s)19, (s)20 and Criminal Jail Appeal No.(s)5 of 2023, decided on 15th
June, 2023.
Penal Code (XLV of 1860) ---
----Ss.397 & 34--- Robbery or dacoity with attempt to cause death or grievous hurt, common
intention--- Appreciation of evidence ---Allegation against the appellants/accused persons was
that they robbed a commodity shop owned by the complainant, while son of complainant and a labourer sustained firearm injuries ---Validity ---Matter was reported in 25 minutes while the
distance between place of occurrence and the police station was one and half furlong , thus the FIR was lodged with promptitude ---Promptness of the FIR showed the truthfulness of
the prosecution case, and it excluded the possibility of deliberation and consultation--- There
was hardly any time for the complainant or other witnesses to fabricate a false story---Ocular
account, in the present case, was furnished by as many as four witnesses which were owner of shop, injured witness, labourer, son of the complainant, therefore, their presence at the place of occurrence was natural ---Other witnesses were police officials who reached the spot
after hearing the firing, and apprehended the appellants, whereby recovery of T.T pistol .30 bore, snatched amount and a motorcycle was effected from them ---Appellants were
apprehended red -handed by the Police, therefore, there was no chance of their
misidentification ---Said prosecution witnesses were subjected to lengthy cross -examination
by the defense, but nothing favourable or adverse to the prosecution could be brought on record ---Medical evidence available on record further corroborated the ocular account so far
as the nature, time, locale and impact of the injuries on the persons of the injured persons/witnesses ---Report from Forensic Science laboratory was positive regarding
recoveries having effected in the present case, which had been duly proved through recovery witnesses---Prosecution had been successful in proving its case against the appellants beyond reasonable doubt, and the conviction and sentence recorded against the appellants were based on correct appreciation of evidence, which did not call for any interference ---High Court
maintained the impugned judgment passed by the trial Court ---Appeals filed by the convict
persons was dismissed, in circumstances.
Ahsan Rafiq Rana for Petitioner (in Criminal Appeal Nos.(s)19 and (s)20 of 2023).
Ali Hassan Bugti for Appellant (in Criminal Jail Appeal No. (s)5 of 2023).
Jameel Akhtar Gajani, APG for the State.
Date of hearing: 6th June, 2023
JUDGMENT
ROZI KHAN BARRECH J. ---The appellant Hassan Ali, son of Allah Dina in
Criminal Appeal No (S) 19 of 2023, Bilal Khan, son of Ahmed Khan, appellant in Criminal Appeal No(S) 20 of 2023, and Zafrullah, son of Muhammad Akram appellant in Criminal Jail Appeal No 05 of 2023, having been involved in case FIR No 165/2020 registered under Sections 397 and 34 P.P.C. at police station City, District Sibi, were tried by the learned Additional Sessions Judge -I Sibi ("trial court") and on completion thereof by means of the
judgment dated : 07.02.2023 ("impugned judgment") passed in Sessions Case No. 10/2021 appellants were convicted and sentenced in the following terms:
"18. -----therefore, accused facing trial Bilal Khan son of Ahmed Khan, Zafrullah son
of Muhammad Akram and Hassan Ali son of Allah Dina are convicted under section
397/34, P.P.C. and they are sentenced to suffer Rigorous Imprisonment for a term of Seven (07) years each and fine of Rs.100,000/ - each; the fine to be paid to the victims
as compensation under section 545, Cr.P.C and on failure thereof to further simple imprisonment for six months each. Benefit of section 382- B Cr.P.C is extended in
favour of accused facing trial."
2. The prosecution 'story, as disclosed in the complaint(Ex.P/ -1-A) recorded on the
statement of Abdul Jabbar, son of Molvi Dost Muhammad (PW -1), is that he owned a
commodity shop named Zamindar Traders Sibi at Chakar Road near Talli Bus -stop Sibi. On
17.12.2020, he, along with his son namely, Asif Khan and labor Dost Ali son of Meher Ali,
were present in the shop; then at about 10:15 pm, three persons came upon a CD motorcycle;
one person was standing with the motorcycle outside the shop while two persons entered into the shop and out of them, one person took out T.T pistol and aimed upon them whereas the other person took out an amount of Rs.250,000/ - from the drawer. When they started to leave
the shop, his son Asif Khan tried to grab the person carrying the amount; when he resisted,
the accused, having T.T pistol, fired two shots, one shot hit the left side of his son's
abdomen, and the other shot hit his laborer's hand. In the meanwhile, on hearing gunshots,
the police reached the shop and apprehended all three accused persons along with the
motorcycle, T.T pistol, and the snatched amount; on query by the SHO namely, Muhammad
Asif, the person who made firing with the pistol told his name as Bilal Khan, son of Ahmed
Khan, the person who snatched the amount told his name as Muhammad Zafrullah, son of
Muhammad Akram and the person standing with the motorcycle told his name as Hassan Ali son of Allah Dina. Hence, the crime report
3. After completion of the usual investigation, the investigation officer prepared and
submitted the challan before the trial court for the trial of the accused/appellants. A formal charge was framed against the appellants, to which they did not plead guilty and opted to put themselves at the option to face the trial for the offence. The prosecution in order to prove its case against the appellants, examined ten witnesses. When examined under section 342, Cr.P.C, the appellants negated the allegations leveled against them by the prosecution. They opted not to record their statements on oath as envisaged under section 340 (2) Cr.P.C nor produced any witness/evidence in their defense.
4. After hearing arguments advanced by the learned counsel appearing on behalf of both
the parties, the trial court, while evaluating the evidence available on record, found the version of the prosecution proved beyond the shadow of reasonable doubt. Resultantly, the trial court recorded a conviction against the appellants, whereafter, separate appeals were filed by the appellants before this court. Since all the cases are arising out of one and the same judgment of the trial court; therefore, the same are being disposed of through this single judgment.
5. Arguments advanced from both sides have been heard. I have also minutely gone
through the record available on file with the able assistance of learned counsel for the parties.
6. Bare perusal of the record reveals that the unfortunate incident wherein the son of the
complainant namely, Muhammad Asif Khan (PW -4), and Dost Ali, son Meher Ali (PW -3)
sustained firearm injuries took place on 17.12,2020 at 10:15 pm. Both the injured witnesses were taken to District Headquarter Hospital Sibi. The matter was reported by Abdul Jabbar, son of Molvi Dost Muhammad, who is also an eye -witness of the occurrence on the same
date i.e., 17.12.2020, at 10:40 pm. The distance between the place of occurrence and the police station is one and a half furlong. Thus, it can be stated that the FIR was lodged with promptitude. The promptness of the FIR shows the truthfulness of the prosecution case, and it excludes the possibility of deliberation and consultation. There was hardly any time for the complainant or other witnesses to fabricate a false story. The ocular account, in this case, has been furnished by Abdul Jabbar (PW -1), who is the owner of the shop. Muhammad Asif
Khan (PW -4), who is injured and a n eye -witness and son of the complainant, and Dost Ali
(PW -3) is the injured witness and laborer of the complainant; therefore, the presence of the
above witnesses at the place of occurrence are natural. After hearing the firing, the police officials Muhammad Asif SI (PW -5), Irshad Ahmed constable (PW -7), and other police
officials reached the place of occurrence and apprehended the appellants, whereby recovery of T.T pistol was effected from the appellant Bilal Khan; snatched amount was recovered
from the appellant Zafrullah and the motorcycle in which the appellants had come to the
place of occurrence was recovered from the appellant Hassan Ali on the spot. The appellants were apprehended red -handed by the police; therefore, there is no chance of misidentification
of the appellants. These prosecution witnesses were subjected to lengthy cross -examination
by the defense, but nothing favorable or adverse to the prosecution could be brought on
record. These witnesses have given all necessary details qua date, time, place, name of the
accused, name of the witnesses, manner of the occurrence, kind of weapon used in the crime,
and locales of the injuries. These PWs remained consistent on each, and every material point in as much as they made deposition according to the circumstances that surfaced in the ease, therefore, it can safely be concluded that the ocular account furnished by the prosecution is reliable, straightforward, and confidence- inspiring.
7. Muhammad Asif Khan (PW -4) and Dost Ali (PW -3) sustained injuries during the
occurrence, which have fully been supported by the medical evidence given by Dr. Shehzad Mengal (F'W -6); who examined the above -injured witnesses and issued a medical certificate
(Ex.P/6 -A and Ex.P/6 -B). The testimony of the injured PWs as well as the stamp of injuries
on their persons clearly proves their presence at the place of occurrence. The medical evidence available on record further corroborates the ocular account so far as the nature,
time, locale, and impact of the injuries on the persons of the above -injured PWs. The weapon
of offence i.e., T.T pistol .30 bore, recovered from the appellant Bilal Khan along with the
snatched amount recovered from the appellant Zafrullah and crime empties collected from
the place of occurrence were sent to Forensic Science Laboratory, and the report is positive.
The said recoveries have been duly proved through recovery witnesses, and nothing adverse could be achieved despite cross -examination by the defense.
8. In view of the aforesaid discussion, I have no hesitation to hold that the prosecution
has been successful to prove its case against the appellants beyond a reasonable doubt, and the conviction and sentence recorded against the appellants are based on correct appreciation of evidence, which does not call for any interference; therefore, the impugned judgment passed by the trial court recording conviction and sentence against the appellants is thus maintained in result whereof the Criminal Appeal Nos.(S) 19 and (S) 20 of 2023, along with Criminal Jail Appeal No.(S) 05 of 2023 are dismissed accordingly.
MQ/M -131/Bal. Appeals dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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