1. SAJJAD ALI SHAH, J.-Above-named appellant has filed this appeal against the judgment dated 15th January 1978, passed by learned Sessions Judge, Nawabshah whereby he has been convicted for offence under section 302, P.P.C. And sentenced to death and also a fine of Rs 2,000 in default of payment whereof sentenced further to R. I. For one year for having committed murder of Ali Asghar son of Mohammad Din Kambooh by causing him hatchet injuries. There is a reference before us for con--firmation of death sentence awarded by the trial Court. We propose to dispose of both appeal and reference by this single judgment.
2. Shortly stated prosecution story is that deceased Ali Asghar was studying in 9th class at the time of incident and looked after lands and business jointly with his cousin Abdul Haq complainant. About a month prior to the incident deceased picked up a row with the appellant, who bad stolen the cap of sugar-cane crushing machine of the deceased, and recovered the same after giving him a beating. Appellant fell humiliated and nursed a grouse against the deceased on that account. On the day of incident, i.e. 10th March 1976 at about sunset time, deceased Ali Asghar accompanied by P. W. 5 Mohammad Sharif P. W. 6, Haji Ghulam Nabi and P. W. 7 Haji Bhai Khan was returning after attending fair at railway station of Ghulamabad and when they reached the land of Nisar Khan Pathan, deceased, who was walking ahead of other witnesses mentioned above, was confronted by the appellant, who was armed with a hatchet. Appellant attacked deceased and inflicted hatchet blows on him with sharp side. On the cries of the deceased P. Ws. Abdul Haq, Mohammad Sharif, Haji Ghulam Nabi and Haji Bhai Khan reached the spot and saw the incident. On the arrival of these witnesses appellant stopped infliction of injuries and started to run and was chased by the witnesses. In the meantime cries also attracted to the spot P. Ws. Bashir and Ibrahim, who were working in their nearby field and they saw Ali Asghar lying dead with hatchet injuries and appellant running away from the spot with blood-stained hatchet in his hand and wearing blood-stained clothes. They also saw witnesses mentioned above chasing the appellant. P. Ws. Bashir and Ibrahim also assisted by joining the chase and with joint efforts they succeeded in apprehending the appellant. Complainant left Haji Ghulam Nabi, Mohammad Sharif and Ibrahim at the vardat to guard the dead body, while he and P. Ws. Haji Bhai Khan and Bashir brought the appellant along with his hatchet to the otak of Haji Ghulam Nabi, tied him with a rope and made him sit there.
3. Because of the nightfall and darkness complainant waited and in the morning went to police post Mehrab Pur, which is at a distance of 11 miles from vardat and registered F.I.R. At 8-30 a.m. On 11th March 1976.
4. P. W. 10 Mohammad Hassan A.S.I. After recording F. I. R. Visited vardat in presence of mashirs Allahdino and Nasirdin. He secured blood-stained earth and put it into a sealed parcel. He secured articles of the deceased viz., chappel, towel and identity card. He prepared inquest report and sent for the doctor to perform post-mortem examina--tion on the spot. He recorded statements of P.
5. Ws. Hap Ghulam Nabi. Mohammad Sharif, Haji Bhai Khan, Ibrahim, Bashir and Mohammad Din.
6. Then he went to the otak of Haji Ghulam Nabi and found appellant Rafiq tied with a rope with the cot and one blood-stained hatchet was lying on the cot. He arrested the appellant and seized the hatchet which he sealed into a parcel. He recovered blood-stained shirt and loin cloth of appellant, which he made into a sealed parcel. On 13th March 1976, he had the statements under section 164, Cr. P. C. Of P. Ws. Recorded before a Magistrate. He sent the parcels to the chemical examiner and after completing the investigation presented challan in the Court.
7. Prosecution has examined 10 witnesses. P. W. 4 complainant Abdul Haq, P. W. 5 Mohammad Sharif, P. W. 6 Haji Ghulam Nabi and P.W. 7 Haji Bhai Khan have been examined as eye-witnesses of the occurrence. P. W. 8 Mohammad Ibrahim has testified to the effect that on cries he rushed to the spot and saw appellant running away from the spot with blood-stained hatchet in his hand being chased by the eye-witnesses. He also assisted in the chase and appellant was apprehended. He also saw Ali Asghar lying dead at the vardat with hatchet injuries. He was apprised about the details of incident by the eye-witnesses. P. W. 2 is Imam Bux tapedar, who has prepared sketch of vardat Exh 9. P.W. 3, Karamudin constable is Corpse-bearer. P. W. 10 Mohammad Hassan A. S. I. Is the investigating officer. P. W. 1 Dr. Nooruddin performed autopsy on 11 March 1976 at 3 p. m. At the spot. According to him the dead body was of a male Mushir. Of about 14-15 years of age and rigor mortis was present all over-the dead body. On external examination he found the following injuries:--- (1)One incised wound of about 6" x 2" x skin deep muscular deep, bone deep and vessels deep over the left side of the neck, about 1--" behind the left ear.
8. (2)One incised wound of about 5" x 1--" x skin deep, nerves deep and vessels deep over the same side, about --" lateral to injury No. 1.
9. On internal examination, the doctor found the following damages :--- The left side of heart was empty and the stomach was also empty. The vessels the nerves and the muscles of the neck were cut under injuries Nos. 1 and 2.
10. From the external, as well as internal examination of the dead body of Ali Asghar, the doctor was of the opinion that the cause of his death was both external injuries given to the neck, which were ante-mortem and appeared to have been caused by sharp cutting weapon such as hatchet. Each injury was individually sufficient to cause the death, in the ordinary course of nature. The death was due to shock and haemorrhage and it was instantaneous. The time between death and post- mortem examina--tion was about 21 hours.
11. Before the trial Court the defence of the appellant was total denial of all prosecution allegations. He had further stated that prosecution witnesses are inter-related and related to the deceased. Heth was hari of P. W. Haji Ghulam Nabi, who wanted to eject him from his land. On his resistance of eviction he has been falsely implicated in this case. He has further stated that complainant party came to know about the murder in the morning and he had been involved in it under suspicion. He has not led any defence.
12. In the light of arguments advanced by the learned counsel for the appellant and also that for the State, we have very carefully examined the whole record and subjected the evidence to close appraisement. Direct evidence in this case is given by four eye-witnesses, who were in the company of deceased when the incident took place. 1t is admitted posi--tion that P. W. 4 Abdul Haq complainant is cousin of deceased. P.W. 5 Mohammad Sharif is son of father's sister of Mohammad Din, who is father of deceased. P. W. Mohammad Sharif is further married to the sister of complainant. P. W. 6 Haji Ghulam Nabi is married to the sister of P. W. Mohammad Sharif, hence eye-witnesses mentioned above are inter-related and related to the deceased but this fact of relationship alone does not shut the doors of credibility on them, if their evidence inspires confidence to say that they are natural and truthful witnesses, particularly when they are not inimically disposed towards the appellant. The fourth eye-witness P. W. 7 Haji Bhai Khan is not related to the complainant party and in fact belongs to a different caste Sanghi, while the complainant party are Kambooh by caste. The agricultural land of P. W. Haji Bhai Khan is adjacent to that of P. W. Haji Ghulam Nabi Kambooh. The related eye-witnesses reside together in the village of P. W. Haji Ghulam Nabi. These four eye-witnesses and the deceased went together to see fair at Railway Station Ghulamabad. Version of the incident, details of which are given above, as testified by these witnesses remains consistent throughout. Although these witnesses have been cross- examined at great length but their credibility has not been shaken at all. There is nothing adverse in the cross-examination of these witnesses to suggest that they Or for that matter any one of them, had not seen incident or had any motive to falsely implicate the appellant. The evidence of the eye-witnesses is further formidably supported by other circumstances. First of all, names of all the eye-witnesses are mentioned in F. I. R. And the version of incident as stated in F. I. R. Remains stead fastly the same in their depositions in the trial Court and at other stages. Their evidence is free from contradictions of any material nature to create doubt on their veracity and truthfulness.
13. Although complainant did not go to the police station straightaway after the inci--dent but filed F.
14. I. R. In the morning and has further explained that since night had fallen and it was dark, hence he waited till morning and went by train to police post Mehrab Pur, which is about 11 miles away. It appears that immediately after the incident no other transport was avail--able to cover the long distance of 11 miles, hence the only alternative was to wait till morning to catch the first train. This appears to be more understandable particularly when the culprit was caught at the spot red--- handed and was available with the complainant party as captive, hence the delayed registration of F. I. R. Stands convincingly explained away.
15. Direct evidence is further corroborated by P. W. 8 Muhammad Ibrahim, who had come to the spot on cries and saw appellant running away from the vardat along with blood-stained hatchet. He also saw eye--witnesses, chasing hence he and Bashir, who has not been examined, joined the chase and overpowered the appellant, who was ultimately apprehended. He also saw the dead body of Ali Asghar lying at the vardat with hatchet injuries. He was further informed about the details of the occurrence by the eye-witnesses. His name is mentioned in F. I. R. He has fully supported the version. He is a natural witness because he was working on his crushing machine at a distance of about 900 feet from vardat as is shown in the sketch. He has no animus or enmity to falsely implicate the appellant. Police statements of eye-witnesses and this eye--witness were duly recorded at the vardat when it was visited by the Investigating Officer after registration of F. I.
16. R. Ocular evidence is further fully supported by the medical evidence. Dr. Noordin came to the spot to perform post-mortem examination at the request of the Investi--gating Officer as the dead body bad decomposed. He started autopsy at 3 p. m. And finished it at 4-30 p. m. He has given in the post-mortem notes time that elapsed between death and post-mortem examination to be about 21 hours. Allowing a slight margin if calculation is made from the time when post-mortem examination was finished, it brings the time of death to about 7 p. m. On the previous day. Keeping in view the margin both ways the time of death is put by doctor to approximately the same as given by the eye-witnesses and complainant in F. I. R. Which is sunset time on the preceding evening. Doctor has mentioned two incised injuries on the neck of deceased resulting in his death.
17. According to him the fatal injuries were caused by sharp cutting weapon such as hatchet and the death was instantaneous and deceased could not have spoken after infliction of injuries. This tallies with direct evidence. The medical officer has deposed that since the length of injury No. 1 was six inches long, hence the blade of the hatchet must also be at least six inch---s long.
18. Mashirnama of recovery of hatchet of appellant Exh. 24 shows that its blade was 9" in width. It would not be out of place to reiterate here that appellant was caught red-handed by the eye- 4tnesses and P. W. Ibrahim along with blood-stained hatchet at the spot and the same hatchet was produced by the complainant to the Police. Post-mortem notes show that stomach of deceased was empty which conforms to the assertion of complainant that in his presence deceased did not eat any sweets. Empty stomach also confirms the fact that incident took place in the evening.
19. One other very prominent feature of the case is that appellant was apprehended at the vardat by the eye-witnesses and P. W. Ibrahim. His blood-stained hatchet was seized and he was tied with rope in the otak of P. W. Haji Ghulam Nabi. He was produced before the police. His blood-stained hatchet and blood-stained clothes were secured by the police and put into sealed parcels.
20. Mashirnama of vardat Exh. 22, inquest report Exh. 23, mashirnama of recovery of blood-stained clothes of appellant and his blood-stained hatchet Exh. 24, which were sealed separately, have been attested by mashir P. W. Kazi Allahdino, who has fully supported the prosecution. Report of chemical examiner is positive that these articles recovered from the appellant were found to be stained with human blood. The defence has not been able to show that any of the witnesses had a reason or motive to falsely involve the appellant. Although in his state--ment under section 342, Cr.
21. P. C. Appellant has alleged that he was hari of P. W. Haji Ghulam Nabi, who wanted to evict him on his resistance he has been framed up in this case. This plea, as it is, is not suggested to P. W. Haji Ghulam Nabi when he was in the box. On the contrary this witness admitted that appellant was Hari of Amanat Ali, who is brother of this witness, and on behalf of appellant it was suggested to P.
22. W. Haji Ghulam Nabi that his brother Amanat Ali wanted to eject the appellant, which suggestion was denied by Haji Ghulam Nabi. It is, therefore, obvious that appellant has no truthful reason to attribute to Haji Ghulam Nabi or any other witness to falsely implicate him. On the otaer hand motive given by prosecution that appellant was slapped and humbted by the deceased on accounts of theft of the cap of sugar-cane crushing machine, which was secured back by the deceased from appellant, stands proved and un rebutted to show that appellant, having felt humiliated could nurse a grouse against the deceased and would plan to take revenge as he did.
23. We, therefore, conclude that there is overwhelming evidence of incriminating nature available on the record of this case to connect appel--lant with commission of crime, which stands proved beyond doubt. We find no reason to interfere with the impugned judgment, which is upheld and the appeal is accordingly dismissed. The reference for confirmation of death sentence is accepted. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.