Wazir-appellant, a student of 8th class in Jamia Muhammad Shari was tried for the murder of another student Muhammad Anwar by the learned Sessions Judge. Jhang who convicted him under section 302 P. P. C. And sentenced him to life imprisonment with a fine of Rs. 1,001 or in default of payment of fine to suffer R. I. For one year more. I was directed that the fine, if realised, shall be paid to the heirs of the deceased ride judgment dated 22nd March, 1977.
2. The occurrence is alleged to have taken place in the field neat Jamia Muhammadi Sharif within the area of village Kangran situate a distance of six miles from Police Station, Bhawana on 6th March, 1975 at 11 a. m. The matter was reported to Muhammad Arsla Khan (P. W. 13), who was present in Courts at Chiniot by Ahmad Sher (P. W. 6), brother of the deceased. On 8th March, 1975, at 11-30 a. m formal F. I. R. (Exh. P. C/1) was drawn by Muhammad Nawaz, M. C, (P. W. 4). Two eye- witnesses have been produced at the trial namely, Muhammad Nawaz (P. W. 10) and Bashir Ahmad (P. W. 11), both students of the same institution. One Atta Muhammad was given up although his name is mentioned in the F. I. R.
3. Blood-stained knife (P.1) was taken into possession by Muhammad Arsla Khan S. I. (P. W. 13) on 9th March 1975, vide Memo. Exh. P. E. Attested by Muhammad Nawaz (P. W. 10) and Muhammad Hussain (P. W. 12). The Chemical Examiner's report (Exh. P. H.) and Serologist Report (Exh. P. J.) reveal that the scrappings from the knife were of the origion of human blood.
4. According to Ahmad Sher (P. W. 6) his brother was a student of 11th class who on 6th March, 1975, had gone to the College for study. At mid-day Muhammad Yaqoob Kumhar a student informed him that Wazir accused a student of Muhammad Sharif had stabbed Muhammad Anwar who was taken to Bhawana Dispensary in injured condition, The complainant and his father reached Bhawana at about 2 p. m. He found his brother surrounded by some students of Jamia Muhammadi Sharif and Professor Riaz. On his asking Muhammad Anwar his brother told him that on 5th March, 1975 Sultan (P. W. 9) and he had a quarrel with Wazir Loona. On the day of occurrence at 11 a. m. There were College games. The deceased left the ground for the fields in order to urinate. The accused came riding from behind, stopped the cycle, challenged him and stabbed him. His cries attracted Muhammad Nawaz (P. W. 10), Bashir Ahmad (P. W. 11) and one Atta Muhammad. Had these persons not challenged the accused he would have caused more injuries to him. Thereafter several students and Professor Riaz came. Wazir decamped on his bicycle. He was taken to the hospital by Professor Riaz and the students. His father asked the doctor for bandage of the wound. Professor Riaz and Dr. Chaudhary told him that since injury was minor, therefore there was no need of making report. On the preceding night at 2 a. m. The doctor was called from quarter since the deceased was feeling pain. The doctor gave injunction and thereafter be left. Muhammad Anwar was feeling pain in his head and his brother was rubbing his head. At about 3 a. m. Muhammad Anwar expired.
5. At the trial Sultan (P. W. 9) who appeared as a witness of motive stated that he was student of 8th Class in Jamia Muhammadi School. Three four days prior to the occurrence he was sitting in the class with accused who was his class-fellow. He was making noise. He asked him to keep silent calling him pawali (weaver). The appellant threat--ened that he will take revenge of this insult. On the same day he and Anwar deceased were standing in the Adda in Muhammadi Sharif. The appellant came there and started scuffed with him. Thereupon Anwar intervened on his behalf.
Due to this grudge the accused killed Anwar deceased. He admitted that Anwar was his friend and was residing at a distance of a mile from his house. There were other students in the class when the altercation is alleged to have taken place between him and the accused. He did not complain either to his teacher or to the Headmaster about the threat given by the appellant. In his police state--ment he did not mention about this altercation. Two/three persons rescued him from the accused at the time of altercation at the Adda but he did not know their names. He did not mention the presence of 2/3 persons at the time of altercation who rescued him. He stated that he was not sure if after the altercation been coming to school for 2/3 days. He further deposed that he did not inform about this alter--ation to anybody else. Anwar was his friend for the last 2/3 years.
The two eye-witnesses Muhammad Nawaz (P. W. 10) and Bashir Ahmad (P. W. 11) stated that there were sports in the College at 11 a. m. From a distance of 2/3 Killas they heard the noise. They ran towards that direction. Bashir Ahmad and Atta Muhammad were also witnessing the sports. They were also attracted to the spot. They saw the appellant and the deceased fighting with each other.
They separated them. They found that Anwar had received knife injury. Muhammad Nawaz further stated that he did not know the cause of fight. In cross-examination he admitted that he and other students saw both the appellant and the deceased grappling with each other. On enquiry Muhammad Anwar had told them that the appellant was already annoyed with him and he had given the knife blow due to that grudge. Bashir Ahmad in cross-examination admitted that Anwar was his class-fellow in the College. He was one year younger than him. He stated that he was 21 years old at the time he appeared as a witness. Bashir Ahmad admitted that his elders are the menials in the village. He, however, expressed his ignorance about any litigation between Falak Sher father of the appellant and one Chawa. He did not see Sultan Sumbhal at the spot. He made a statement on the third day of the occurrence before the Police. Both the eye-witnesses have not actually seen the accused causing injury to the deceased, but they have frankly, admitted that, there was grappling going on between them.
6. The appellant denied the recovery and stated that on the day of occurrence at noon time he was going to his house, on his way near Khaal bushes and cultivated area Anwar caught hold of him. He was armed with a knife and wanted to commit sodomy on him and over powered him by showing the knife. He also tried to untie his azarband (string of shalwar). He resisted and there was grappling between them. Per chance during the scuffle Anwar deceased was injured by the knife.
The P. Ws. Are class-fellows and friends of Muhammad Anwar deceased. They concocted a false story in order to involve him. He pleaded innocence and declined to produce any defence.
7. The statement of the appellant rings somewhat true, for none of the witnesses has given any motive although they were the class-fellows of the deceased. Sultan (P. W. 9) another class-fellow had a quarrel with the appellant. He abused him. Thereupon the appellant threatened him to take revenge. It is strange that on the same day at the lorries adda the accused came and had a scuffle with Sultan P. W. In which the deceased Anwar intervened on his behalf. If at all there was any motive for the appellant to take revenge it was from Sultan and not Anwar, There is a delay of two days in lodging the F I. R.
8. After going through the record and hearing a arguments of learned counsel for the appellant and the State I am of the view that the appellant has given a solitary blow to the deceased while grappling, but the cause of grappling was obviously sodomy which has been explained a by the appellant. The wheat was more than a feet high growing in the field which was the place of occurrence situate at a distance of 3/4 klllas from the school ground. I would, therefore, alter his conviction from section 302, to section 304, Part I, P. P. C. And reduce his sentence to four years, R. I.
There is no cogent reason for imposing fine and awarding compensation under section 544-A, Cr.
P. C. In the circumstances of. This case. I would, therefore, set aside the sentence of fine. The appeal, is partly accepted. The appellant is on bail. He shall surrender to, custody and will serve the remaining period of sentence, if any.