' M.A. SHAHID SIDDIQUI, J.--- Muhammad Maqsood, appellant has preferred this appeal through Jail. He was convicted by a learned Additional Sessions Judge, Lahore in case F.I.R. No,440 of 1999, dated 20-11-1999 Police Station, Liaquat Abad, Lahore under section 302(b), P.P.C. For committing Qatl-i-Amd of his wife Mst. Ishrat Jillani aged 17/18 years vide judgment, dated 12-12-2002. He was sentenced to rigorous imprisonment for life as Ta'zir and directed to pay Rs,50,000 as compensation to the legal heirs of the deceased or in default of payment thereof to undergo simple imprisonment for six months.
2. The occurrence took place on the night between 19/20th of November, 1999 on the bed of the appellant in his house situated in Street No,1, Saqib Street. Near Choti Phatki, Kot Lakhpat, Lahore.
The F.I.R. Is based on the statement of Mohsin Raza, father of the deceased, who resided in Mouza Matta within the area of Police Station Raja Jang, District Kasur. According to the F.I.R. The complainant's daughter Mst. Ishrat Jillani, deceased was studying in Middle Class of Tanveer-i- Islam School, Qainchi Amar Sidhu. She used to reside with his maternal-uncle Khalil Ahmad, resident of Street No,2, Mohalla Rahmat Ullah, Kot Lakhpat, Lahore. Two months prior to the occurrence Mst. Ishrat Jillani disappeared. Subsequently, it transpired that she had contracted marriage with Muhammad Maqsood, appellant. The complainant did not report the matter to the police. However, he made effort through Punchaiat to get back his daughter. On 20-11-1999 at about 2-30 p.m. He was informed on telephone that his said daughter had died. He reached Lahore and went along with Khalil Ahmad, Muhammad Ashraf, Bashir Ahmad and other residents of Mohalla to attend the funeral. The dead body (Janaza) was ready for burial. The complainant found marks of ligature around the neck of the deceased. The appellant and his parents failed to give satisfactory explanation. The complainant suspected that her daughter had been murdered by the accused and his family by strangulation. Muhammad Akram, S.-I. (P.W.12), the then S.H.O., Police Station, Liaquat Abad on coming to know about the incident reached the place of occurrence and recorded statement Exh.P.A. Of Mohsin Raza, complainant. He prepared the inquest report. Exh.P.F., injury statement Exh.P.F./1 and sent the dead body for post-mortem examination. He recorded the statement of P. Ws. Under section 161, Cr.P.C. Seized the cot Exh.P.3 from the spot collected the last-worn cloths. He arrested the accused on 22-11-1999 and submitted the challan.
3. The appellant pleaded not guilty to the charge framed by the learned trial Court on 23-7-2001 and claimed trial. The prosecution produced as many as 12 witnesses to bring home the charge against the accused. The statements of Mst. Nisbat Mohsin P.W.1 and Mst. Hamidan Bibi P.W.2, the real sister maternal-grandmother of the deceased respectively, are to the effect that the deceased had contracted marriage with the appellant of her own accord against the wishes of her family and that they had gone to the house of appellant prior to the occurrence for conciliation/compromise. Nisbat Mohsin P.W.1 stayed for night. She slept in Veranda along with other members of the family of appellant while the deceased and the appellant slept in a separate room. On the following morning Ishrat Jillani was found dead. Mst. Nisbat Mohsin maintained that she had found legation marks around the neck of the deceased, when the dead body was being given bath (Ghusal) so she informed her father on telephone. Mohsan Raza, P.W.3, narrated the circumstances as per the F.I.R. He deposed that he reached the house of appellant on 20-11-1999 after receiving a message on telephone that his daughter. Ishrat Jillani had died. He had also found marks of strangulation on her neck, which the appellant and his parents could not explain satisfactorily.
4. Dr. Mazhar Mustafa P.W.10 had conducted autopsy on the dead body of Mst. Ishrat Jillani, deceased on 21-11-1999. He deposed that he had observed a single purplish ligature mark of 35 c.m. Diameter around the neck of the deceased besides two bruises. On deep dissection he had also found deep bruising of the subcutaneous tissue and the muscles of the neck veins. Besides that hyoid bone was bruised. There was congestion of the neck veins. He opined that injury No,1 was by means of ligature' around the neck and injuries Nos.2 and 3 were caused, by blunt means and that the cause of death was due to injury No,1 resulting. In interference with respiration. He firmly stated that the mode of death was asphyxia. He further opined that the probable time between the injuries and death was within five minutes and between death and postmortem was 36/40 hours. It is significant to note that this witness has not been subjected to cross-examination.
5. There is also evidence of recovery of a piece of cord (Rassi) P.3 made by the Investigating Officer at the instance of the appellant on 3-12-1999 which is not much significant because the mode and cause of death has not been disputed. Muhammad Akram (P.W.12) has deposed about the registration of the case and the various steps which he took during investigation of the case.
6. The appellant in his statement under section 342, Cr.P.C. Denied the allegation and set up a counter-case against Mst. Nisbat Mohsin (P.W.1) for the murder of his wife. He also appeared in the witness-box and made statement on oath in disproof of the charge. The appellant pleaded that the deceased had contracted marriage after having a love affair with him against the wishes of her father. He alleged that he had been receiving threats from the complainant that they both would be killed. He maintained that on 19-11-1999 Mst. Nisbat Mohsin (P.W.1) accompanied by Mst.
Hamidan Bibi, her maternal-grandmother (Nani) surprisingly came to his house at about 8-00 p.m.
After a short while Mst. Hamidan Bibi went back, however, Mst. Nisbat Mohsin stayed with his sister.
The appellant pleaded that his friend Amar (D.W.1) came to his house at about 9-00 p.m. And took him to Akbar Shaheed Road near Kot Lakhpat for getting a movie mixed. When he returned to his house at about 1-30 a.m. He was told by his father that Nisbat Mohsin (P.W.1) was sleeping with her sister Ishrat Jallani so he slept in the Veranda. On the following morning at 6-00 a.m. The Nani of Ishrat Jillani, deceased again came to his house and started crying that Ishrat Jillani had died. The appellant in his statement under section 342, Cr.P.C. Stated that the complainant along with maternal-uncle of the deceased stormed into his house at 4-00 p.m. Just after they had wrapped tha dead body with Kaffan after giving bath (Ghusal). They took away the dead body to the house of the maternal-uncle of the deceased and in the meantime he was arrested. He produced his father D.W.1 and Amar Shahid D.W.2 in his defence. The statements of both these witnesses are to the effect that on the night of occurrence the appellant was away from his house and that Mst.
Nisbat Mohsin stayed with the deceased in her room and in the morning she started crying that Ishrat Jillani had died.
7. The learned trial Court after taking into consideration the entire material brought on the record from both sides discarded the defence plea and held the appellant guilty for committing Qatl-e- Amd of Mst. Ishrat Jillani. Accordingly he was convicted under section 302(b),' P.P.C. Vide judgment dated 12-12-2002 and sentenced as mentioned in the opening paragraph of this judgment.
8. Learned counsel for the appellant has argued that the registration of the F.I.R. Is highly doubtful.
As such the prosecution version is not free from doubt. He further submitted that it is a case of two versions and in the circumstances of the case there was no reason for the appellant to kill his own wife with whom he had contracted marriage out of love. He further argued that the complainant and other relatives of the deceased being annoyed with the deceased and the appellant, in fact, had a motive to kill the deceased and in the circumstances of the case the defence version is more plausible as such the appellant was entitled to the benefit of doubt. Learned counsel appearing on behalf of the State while supporting the judgment argued that the occurrence had taken place on the bed of the accused during the night between 19th and 20th November, 1999 and the appellant in his statement from his house at the time of occurrence and that his wife had been done to death by Mst. Nisbat Mohsin (P.W.1) younger sister of the deceased who was 15/16 years of age at the time of occurrence. Muhammad Akram, S.-I./ Investigating Officer (P.W.12) who investigated the case, categorically denied the suggestion that the first version of the appellant was that he was innocent and the deceased had been killed by her real sister Mst. Nisbat Mohsin. In order to appreciate the plea of the appellant and the intrinsic worth of the statement of the Investigating Officer/P.W.12, I under section 172(2), Cr.P.C. Took aid from the case diary prepared by the S.H.O. Who appears to have denied the suggestion given by the accused correctly. The appellant appears to have taken up this plea for the first time at the trial. The presence of Mst. Nisbat Mohsin in the house of the complainant on the night of occurrence has not been denied. The occurrence had taken place in the room of the appellant on his bed. It was natural for the appellant to be with his wife at the relevant time. Had the appellant's wife been done to death by her sister and the appellant had come to know about it at 6-00 a.m. He would have immediately reported the matter to the police instead of giving bath (Ghusal) to the dead body of the deceased, wrapping her with Kaffan and making the preparations complete for burial of the dead body hurriedly before 3-30 p.m. He has admitted the arrival of the father and maternal- uncle of the deceased just after the dead body was ready for burial. The appellant also admitted that the dead body was first removed to the house of the maternal-uncle of the deceased before it was subjected to postmortem examination.
The discrepancies appearing in the statements of complainant and the Investigating officer about the registration of the case are of very trivial nature, which do not make the prosecution case doubtful in any manner. Keeping in view the background in which the appellant contracted marriage with the deceased, the place of occurrence, cause of death and the subsequent conduct of the appellant the learned trial Court rightly held the appellant guilty for committing Qatl-e-Amd of Mst. Ishrat Jillani. The immediate cause for the murder of the deceased is certainly shrouded in mystery.
9. As a sequel to the above discussion, I find no reason to take exception. The conviction, and sentence recorded by the trial Court is upheld. This appeal fails and is hereby dismissed.