KARACHI, Aug 9: No person who sustained injuries like the ones by Mir Murtaza Bhutto could talk coherently and fluently, said Dr Ayaz during his cross-examination before the district and sessions judge, East, Sain Ali Dino Metlo, here on Saturday.
Appearing before the court inside the Central Prison Karachi, Dr Ayaz, the then medico-legal officer at the Civil Hospital Karachi, who performed the autopsy of Mir Murtza at the Jinnah Postgraduate Medical Centre, replying to a question by Barrister Azizullah K Shaikh, counsel for main accused Asif Ali Zardari, said Mir Murtaza Bhutto sustained a bullet in his maxillary area which passed through and exited from the lower portion of his neck.
“The bullet must have damaged all arteries, veins and ruptured trachea of the deceased. He was bleeding profusely from all openings including mouth, nostril, ears and was gasping to breathe. With these injuries it was impossible for any person to talk fluently, coherently and intelligibly,” admitted Dr Ayaz replying to a suggestion by the defence counsel in the case.
It is worth mentioning that according to police version, Murtaza challenged police and also uttered some words after sustaining injuries, which later proved fatal claiming his life.
The prosecution witness (PW0), however, clarified to a suggestion that thyroid and trachea of the deceased Mir Murtaza were not damaged. The bullet exited from the level of the thyroid, he stated.
Mohammed Ashraf Qazi, counsel for accused former SSP South Wajid Ali Durrani, also cross-examined Dr Ayaz. To a query by the counsel, Dr Ayaz stated that he made sketches of injuries sustained by the deceased persons and submitted the same before tribunal of inquiry, appointed by the state.
This ensued another debate over documents relating to the case but was not brought on record by the prosecution. Mr Qazi then moved an application and insisted that the court should pass orders on the same.
The trial court judge said that no advocate could move an application during cross-examination, adding that the application would be considered later.
Perusing the application on insistence of the defence counsel, the judge observed that the arguments could be raised later.
If prosecution was withholding some documents, defence could come up with these at an appropriate time, the judge observed.
Mr Shaikh at this stage suggested that further cross-examination of the PW by Mr Qazi be reserved till documents were supplied to him, so that he could confront the witness on next date of hearing.
It was a murder case trial in which capital punishment could be awarded to the accused, hence defence side be allowed to discharge its responsibilities to the fullest, Mr Qazi said.
However, afterwards, Mr Qazi cross-examined the PW further. To a question, Dr Ayaz said that he could not give opinion on bore of the weapon.
To another suggestion he refused to give any opinion regarding the height from which the fire was shot, and added that fatal injury could be inflicted while a person was laying on ground, sitting or else.
To another suggestion he said that if injury was sustained by the deceased while sitting in front seat of Pajero jeep, as described by the counsel, the fire could have been shot from some height.
Replying to cross-examination by Chaudhry Iftikhar advocate, counsel for Dr Shoaib Suddle, then DIG Karachi, Shahid Hayat ADIG, and Rai Tahir, SSP, Dr Ayaz said that he conducted autopsy of the deceased at the JPMC on the asking of the then DC, South (Arif Illahi).
To a another suggestion he said that after that incident, he conducted another autopsy out of his hospital.
Dr Ismail Rajpar, who treated and prepared medico-legal reports of Ismail, Ayaz and Asghar, who sustained fire arm injuries in the alleged shoot out on Sept 20, 1996, killing Mir Murtaza Bhutto along with six other men, also deposed before the court about injuries sustained by the persons examined by him. The court then put off further hearing till August 12. —APP