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2017LHC609
2017LHC609
Judgment Sheet
and
JUDGMENT
unprotected that the PWs successfully made ingress and that too
at the odd hours of the night when the fatal shot was about to be
fired. Such narration of facts does not appeal to logic and
average standard of prudence. The three PWs, from the narration
of facts, can reasonably be termed as chance witnesses and their
testimony as unnatural.
According to the statements of the three eye-witnesses, the
appellant fired at the deceased with a carbine. The distance
between the two points as per the site plan (Ex.CW.1/F) is three
feet only. The perusal of the medical report shows that there is
no mark of blackening, burning or tattooing etc. According to the
book namely ‘A Text Book of Forensic Medicine and
Toxicology’ written by Dr. S. Siddiq Husain, if a shot is fired
from a .12 bore gun from a distance of one yard, it is likely to
cause blackening and tattooing. Admittedly, the distance is
marginal in nature and it would not be appropriate to give a
conclusive finding on the issue but at least such aspect of the
matter pushes this Court towards a more cautious approach.
15. In every case of murder, the motive has its own
significance. It provides corroboration to the ocular account
furnished by the witnesses. In the instant case, at the time of the
registration of FIR, no motive was attributed to the appellant or
to his co-accused. However, the complainant at the time of
making of his supplementary statement (Exh.CW.1/E) set up a
specific motive which was described as a financial dispute
between the deceased and the appellant without mentioning its
nature and detail. Likewise, the perusal of private complaint
(Exh.PA) also shows that no detail of this financial transaction is
mentioned there. However, the detail of this dispute was brought
on record by Muhammad Ameer when he appeared as PW.1. The
relevant portion of his examination-in-chief reads as under:-
“I became anxious as there was dispute of money between
Muhammad Nadeem accused and my son Riaz Raza because
Nadeem accused had borrowed Rs.50,000/- from Riaz Raza
and on the demand of that money there was dispute between
Muhammad Nadeem and Riaz Raza”.
Criminal Appeal No.332 of 2012 13
Criminal PSLA No.85 of 2012
Murder Reference No.100 of 2012
Najum*