AGHA ALI HYDER, J.---The appellant was convicted by the learned Sessions Judge, Tharparkar at Mirpur Khas for an offence under sec--tion 302, P. P. C. And sentenced to death. There is a reference from the learned Sessions Judge as envisaged under section 374 of the Code of Criminal Procedure and there is also an appeal filed by the convict through the Jail Authorities. Both the reference and the appeal will be disposed of by this common judgment.
2. The prosecution story in brief is that the appellant-was an opium eater. Falling short of supplies, on 21st September, 1976, he was tantamounts and started giving hatchet blows to his wife by the name of Shrimati Dalo. The cries of the helpless woman had attracted Chhano, an uterine brother of the appellant and another neighbour by the name of Shrimati Hanjo wife of Rawto. They tried to intervene. The appellant had taken umbrage. Finding discretion to be the better part of value, Chhano had eluded the chase while Shrimati Hanjo was hacked to pieces Chhano had proceeded to his village of Rais Umed Ali Khan and failing to find him had broken the news to his Kamdar by the name of Photo Lashari. The two of them had returned to the vardat. Shrimati Hanjo was struggling with her life and was taken on a bullock cart to the hospital. Tile appellant was present at the vardat and was detained by the villagers. Chhano had then proceeded to the Umer Kot Police and lodged tile report which was recorded by S.H.O. Muhammad Jamil at 5-00 p.m. Which will be within one hour of the incident. He had taken the informant to the vardat. Seeing them the appellant tried to stab himself in tile belly and cut the throat. He was, however, over--powered by the S.H.O. And others. The S.H.O. Prepared mashirnama in retard to the injuries sustained by the appellant in the process. His clothes and the hatchet which were lying there also came to be secured. Then came the inquest report. Thereafter enquiries were made from Mayo, Poonjo, and sonic other persons. The appellant was taken to the hospital for treatment and inquest report was prepared over the dead body of Shrimati Hanjo. The S.H.O. Had lodged the report against the appellant for a separate offence under section 309, P.P.C. The same day that is, on 23rd September, 1976, he sent the appellant, before the Mukhtiurkar and F.C.M., Samaro as he had expressed the desire to make a judicial confession. After due investigation the case came to the later challaned in tile Court.
3. The appellant in his statement at the trial denied the various allegations made against him. He maintained that though he had been produced before the Magistrate yet he had nothing to say and all that was done by the Magistrate was to obtain his signature on a blank paper. He further stated that he had been given injuries by Kheto and Hamir and even the two women had been killed by them. These two persons were inimical to him because he had refused to give the hands of his daughter to them.
4. Dr. Mohammad Ayub, Medical Officer, Umar Kot had held autopsy over the dead bodies.
According to him Shrimati Hanjo had the following injuries on her persons :- (1)Incised wound 5--- x ----- x brain deep on the right side of head on parietal region. The bone was fractured. Meninges was cut and the brain matter was protruding out.
(2)Incised wound 2--- x ----- x. Bone deep on the right side of head lateral to injury No. I. The bone was also found fractured.
(3)Incised wound 3--- x ----- x bone deep on the head left side parietal region.
(4)Incised wound 2" x ----- x scalp deep on the left of head temporal region.
(5) Incised wound 2" x ----- x muscle deep on the left side of face lateral and above the eye.
(6)Incised wound 7--- x ----- brain deep on the back of head left side occipito-parietal region.The bone was also found fractured.
(7)Incised wound 2----- x ----- bone deep on the back of head occipital region.
(8)Incised wound 3--- x ----- x muscle deep on the medical upper side of left shoulder.
(9)Incised wound 2--- x ----- x bone deep just below and front to injury No. 8.
(10) Incised wound 7--- x 2--- x skin deep on the opposite palmer side of right hand. All the metacarpal bones are out and fractured. The hand was attached with a fold of skin and tissue.
(11) Incised wound 1----- x ----- x bone deep on the palmer side of the left thumb. The bone was cut and fractured. Fracture of left phalengeal bone of thumb.
According to him injuries Nos. 1 and 6 which had be: n caused by hatchet were individually sufficient to cause death in-the ordinary course of nature.
The injuries on Shrimati Daloo were as under :- (1)Incised wound 6" x 1--" x 2" deep on the left side of neck below and back to left ear. The underlying bone was cut and fractured. There was fracture atlas and mandible. Carotid vessel on left side were cut.
(2)Incised wound 4" x --" x muscle deep on the back left side above the scapula.
(3)Incised wound 1--" x --" x muscle deep on the medial side of left forearm in the middle.
(4)Incised wound 5" x 2" x bone deep on the palmer side of left hand. The metacarpal bones of little ring and middle finger were cut and fractured.
(5) Incised wound 6" x 3" x bone deep on the lateral side of right arm near and above elbow. The humerus bone was cut and fractured.
According to him injury No. 1 which was caused by a sharp-cutting weapon like hatchet was sufficient in the ordinary course of nature to cause instantaneous death.
5. The prosecution in support of its case has examined three witnesses namely :-Chhano, Mavo and Poonjo. As mentioned earlier Chhano is the uterine brother and the other two are caste-fellows and neighbours of the appellant. Chhano has stated that on the evening in question he was sitting at his house when he had heard the shrieks of Shrimati Dallo. He had gone running in that direction along with Shrimati Hanjo and witnessed the appellant giving repeated hatchet injuries to his wife.
Seeing them approaching, the appellant had tried to assault them also. He had eluded the chase but Shrimati Hanjo was cut to pieces. He also retakes out the presence of Mavo and Poonjo at the relevant moment. Then after giving the narration of his movements, he states that when be had returned to the vardat along with the Police Officer he bad seen the appellant trying to take away his own life by inflicting knife blows on the abdomen and the neck, but was saved by the Sub- Inspector. The version of Mavo and Poonjo is almost consistent, and nothing has been elicited from all these three persons in cross-examination. Even the mashir of the vardat Nerso had seen the suicidal attempt made by the appellant which had been deposed to, by him. There is no suggestion to any of these witnesses in regard to any bad blood between the appellant and Kheto and Hamir. There is no conceivable reason to look askance at their evidence. Then there is the judicial confession made by the appellant. It was recorded after a lapse of about 40 hours.
However, the explanation for the delay is that the appellant had been sent to the hospital for his treatment, and that finds due support from the memo--randum of judicial confession and other evidence. The appellant mentions in the confession that his sister-in-law was living as a mistress with one Mangji Menghwar and even his wife had developed illicit intimacy with the latter. He had remonstrated with his wife but she gave a curt reply. He was annoyed and killed his wife. The wife of Rawto (the translation in the Paper book mentioned two ladies but that is not consistent with the original record and the explanation of the person responsible or the mistake has been duly called for) had tried to rescue Dallo and she also came to be killed by him. It also mentions the injuries inflicted by the appellant on himself and that the attempt failed because the knife refused to function properly. This part of the judicial confession seems to be the result of recollection in tranquillity and has not even been suggested to any of the witnesses. I, therefore, reject the same.
The factum of the twin murder, however, is admitted therein also and to that extent it duly supports the eye-witness account in the case. The allegation that the signature had been obtained in the blank by the Magistrate is just atrocious. Even the palming of they murder to other persons and the injuries to himself have hardly any' merit. I agree with the trial Court that the appellant was the author of the crimes.
I have already held that the story of the infidelity of the wife has' nothing to commend. Any way, otherwise too, the killing of Shrimati, Hanjo would be just callous and without any reason whatsoever. Even Mr. Manzoor Hussain, learned Counsel for the appellant, did not attempt to contend that the offence against the appellant would not fall under section 302, P.P.C. His contention, however, was that the appellant killed the latter because she had tried to come in his way a when he was overpowered by righteous indignation at the misdeeds of his wife. There is no merit in this contention, whatsoever.
7. The sentence awarded to the appellant by the trial Court was the proper sentence in the circumstances of the case. I would, therefore, accept the reference and dismiss the appeal.