1. ' MIAN MUHAMMAD NAJAMUZ-ZAMAN, J.---Appellant Muhammad Afzaal soh of Muhammad Sharif along with his co-accused Muhammad Umer son of Mehr Muhammad Siddique was tried by Additional Sessions Judge, Lahore for the murder of one Muhammad Latif and causing injuries to Mst. Naveed P.W.6 in case F.I.R. No, 461/94 dated 6-8-1994 under sections 302/324/34, P.P.C.
2. Registered at Police Station Mughalpura, Lahore, who vide judgment dated 13-7-1999 while acquitting co-accused convicted appellant under section 302 (b) P.P.C. And sentenced him to death as well as directed him to pay Rs,50,000 as compensation to the legal heirs of the deceased as required under section 544-A Cr.P.C. Or in default whereof to undergo two years' R.I. Appellant was also convicted under Section 324 read with Section 337-F(ii). P.P.C. And sentenced to three years' R.I. As well as was directed to pay Rs,20,000 as compensation to Mst. Naveed (injured witness) as required under section 544-A Cr.P.C, or in default whereof to further undergo one year's R.I.
3. ' Feeling aggrieved by the impugned judgment appellant has filed criminal appeal (Crl.A.No,67-J of 1999) whereas trial Court has made a reference (M.R.No,237 of 1999) seeking confirmation of death sentence of appellant. Both these matters are being disposed of by this single judgment.
2. This occurrence took place in Khurshid Abad, Rasheed Pura Road, Kotli, Pir Abdur Rehman which is about 2 Km. From Police Station Mughalpura. The matter was reported to the police by Muhammad Younas (P.W.7), brother of the deceased and formal F.I.R. Exh.PC/1 was registered.
4. ' Facts of the prosecution case as narrated in the F.I.R. Are that Muhammad Latif had married his daughter Mst. Asia to Muhammad Afzaal (appellant) about two months prior to this occurrence but they developed strained relations and Mst. Asia had come to the house of her father about 4/5 days ago. On 6-8-1994 at about 6-30 p.m. Muhammad Younas (P.W.7) was present in the house of his brother Muhammad Latif, when Muhammad Afzaal (appellant) knocked at the door but Muhammad Latif did not open the door and Muhammad Umer called Muhammad Latif for opening the door. Said Muhammad Umer was a friend of Muhammad Afzaal (appellant) and earlier he had got patched up the matter between husband and wife i.e, Muhammad Afzaal and Mst. Asia Bibi.
5. The deceased (Muhammad Latif) in response to the said call opened the door and the moment he went out of the house, Muhammad Afzaal gave Churri blow on his abdomen. In the meanwhile Muhammad Umer caught hold of Muhammad Latif (deceased) from the arms and Muhammad Afzaal (appellant) caused numerous injuries to him on the different parts of his body. On seeing this Mst. Naveed wife of Sabir, who was residing in the same house, came forward to intervene and Muhammad Afzaal (appellant) also inflicted Churri blows to her on the left flank at the instigation of Muhammad Umer co-accused. She also fell down on the ground. Thereafter Muhammad Afzaal dragged Muhammad Latif to the water pond in front of the house and cut his throat who died at the spot. Statedly this occurrence was also witnessed by Dil Nawaz, Ilyas and Muhammad Tariq.
6. ' On receiving information about the said occurrence Nazir Ahmad Ishfaq S.-I. (since dead) reached at the spot and recorded the statement of complainant Exh.PC on the basis of which formal F.I.R. Exh.PC/1 was registered at the police station. The said police officer also conducted the investigation of this case. He after preparing necessary documents, sent the dead-body of Muhammad Latif to the mortuary for postmortem examination as well as recorded the statements of witnesses. Documents prepared by this witness were proved by Muhammad Hayat A.S.-I. P.W. 10 who was acquainted with the handwriting of said police officer.
3. Before the trial Court, prosecution produced thirteen witnesses to prove the charge against the appellant and his co-accused.
7. ' Muhammad Hanif F.0 P.W.1 took the dead-body to the mortuary for postmortem examination and after the same handed over the last worn clothes of the deceased to the Investigating Officer.
8. Mubashar Hassan F.C. P.W.2 took Mst. Naveed to the Medical Officer for examination. Dil Nawaz P.W.3, Muhammad Ilyas P.W.4, Mst. Naveed P.W.6 and Muhammad Younas P.W.7 being the eye- witnesses of the occurrence narrated the circumstances under which appellant and his co- accused in furtherance of their common intention had committed the murder of Muhammad Latif and caused injuries to Mst. Naveed P.W.6. All these witnesses were subjected to lengthy and searching cross-examination but they remain steadfast. Mubarak Ali H.0 P.W.5 took the parcel (case property) to the office of Chemical Examiner and delivered the same intact. Dr. Muhammad Nawaz Tahir P.W.8 conducted the postmortem examination on the dead body of Muhammad Latif son of Lal Din and observed the following injuries:-- "(1) An incised gaping wound was present on the front and both sides of neck measuring 17 x 4 c.m.
9. Which was 8 c.m. Below left. Ear, 7 c.m. From right ear.9 c.m. Below chin, 4 c.m. Above the sternal notch.
(2) An incised wound obliquely placed 3 x 1 c.m. Above they right clavicle which was 6 c.m. From midline, 12 c.m. From the tip of right shoulder, 1 c.m. Above right clavicle.
(3) A complex of 4 incised wound obliquely placed on an area 11 x 10 c.m. Of which two on the lower right side of chest and two on the upper right side of abdomen. (Right Hypochondrium) measuring
(a) 3 x 2 c.m. (b) 5 x 2 c.m. Which was going deep (c) 4 x 2.5 c.m. And (d) 6 x 5 c.m. The total wound was 6 c.m. From midline, 11 c.m. From right iliac crest and 8 c.m. Without right nipple.
(4) An incised wound vertically placed on the lateral side of left chest lower part, 18 c.m. Below the left axilla and 13 c.m. Above the iliac crest.
(5) An incised wound vertically placed measuring 3 x 2 c.m. On the back of left side of chest, 13 c.m.
10. From posterior midline and 12 c.m. Below the left scapula.
(6) An incised wound 3 x 2 c.m. On the back of left chest and 5 c.m. Above the injury No,5, 11 c.m.
11. From prosterior midline and 6 c.m. Below the left scapula.
(7) An incised wound oblique placed 2 x 1 c.m. Below the prosterior fold bf left axilla. Under injury No,l, trachea, oesphagus were completely cut. Sternocleoidomaastoie muscle on both side were cut. On both side of neck, external jugular vain and internal gugla vain and carotid arteries were cut. Vertebral column was visible. There were slight cut mark on the body of 5th and 6th cervical vertebra. " * ' Muhammad Hamayon M.O. P.W.9 after examining Mst. Naveed prepared medico legal report Exh.
12. PE. The injuries on the person of Mst. Naveed reads as under:-
(1) Incised wound 7 x 3 c.m. Into muscle deep outer left abdomen extending to the back.
13. Corresponding cut present in the clothes. Marked signed and handed over to police.
(2) Incised wound 6 x 1 c.m. Into muscle deep and back left abdomen. Corresponding cut present marked signed and handed over to police."
14. ' Muhammad Hayat A.S.-I. P.W.10 kept the parcel (case property) in Mai Khana for safe custody and later on delivered the same to the constable for onward transmission to the relevant office. He also proved the documents prepared by Nazir Ahmad Ishfaq S.-I. (since dead). Muhammad Yaqub H.C.
15. P.W.11 was present when Churri P.3 was recovered from the appellant at the time of his arrest which he had kept in the fold of his Shalwar. The same was taken into possession vide recovery memo.
16. Exh.PG. Syed Imran Bukhari Draftsman P.W.12 prepared the scaled site plan Exh.PJ and Exh.PJ/1.
17. Muhammad Hayat A.S.-I. P.W.13 proved Exh.PC/l(F.I.R.) which was prepared by Zubair Mumtaz S.-I.
18. ' Learned DDA tendered in evidence report of chemical examiner Exh.PM, of Serologist Exh.PN and closed the case for the prosecution.
19. ' Learned trial Court also examined appellant and his co-accused under section 342, Cr.P.C.
20. Appellant while denying the charges pleaded innocence and took the plea that he had been falsely involved in this case due to family and property disputes. Neither the appellant nor his co- accused made statement under section 340(2), Cr.P.C. Nor produced evidence in their defence.
21. ' Learned trial Court after appraisal of evidence vide judgment dated 13-7-1999 convicted and sentenced the appellant as narrated earlier.
4. Learned counsel for the appellant while challenging the legality of the impugned judgment argued that F.I.R. In this case was registered after consideration and deliberation; the eye- witnesses were not present at the relevant time, they were introduced later on just to strengthen the prosecution case and that during the investigation injuries on the person of Mst. Naveed Bibi (P.W.6) were fabricated to represent her as a natural witness; the story narrated by the prosecution witnesses on the face of it is fantastic and unbelievable; the genesis of the occurrence was shrouded in mystery and that learned trial Court had erroneously awarded extreme penalty of death to the appellant. Conversely learned counsel for the State while supporting the impugned judgment vehemently opposed the arguments raised by learned counsel for the appellant.
5. The entire case of the prosecution rests upon the motive for the commission of this offence, recovery of crime weapon i.e, Churri at the instance of appellant and the ocular account narrated by Dil Nawaz P.W.3, Muhammad Ilyas P.W.4, Mst. Naveed P.W.6 and Muhammad Younas P.W.7.
22. ' The motive for the occurrence that Mst. Asia (daughter of deceased) because of her strained relations with her husband (appellant) had come to the house of her father stands admitted by the appellant while making statement under section 342, Cr.P.C. Even otherwise, defence has not seriously challenged this aspect of the prosecution case while cross-examining the prosecution witnesses.
23. ' Muhammad Latif deceased was murdered near the outer gate of his house and this occurrence was witnessed by the above said eye-witnesses. Dil Nawaz P.W.3 was brother-in-law of deceased Latif whereas Muhammad Ilyas P.W.4 is son of Dil Nawaz. Both of them being closely related to the deceased were called by the wife of deceased for settling the dispute between Asia and appellant and on the day of occurrence when they reached near the house of deceased this occurrence took place. Mst. Naveed P.W.6 was sister-in- law of the deceased (i.e, the wife of the deceased was the sister of her husband). During the days of occurrence, her house was under construction and she along with her husband and children was putting up in the house of the deceased. During this occurrence she also received two incised wounds on her abdomen. On the same day she was medically examined by Muhammad Hamayon M.O. P.W.9. Duration of injuries on her person as observed by the doctor tally with the time of occurrence and the nature coupled with the dimension of the injuries clearly show that the same could not be caused with friendly hand.
24. Muhammad Younas P.W.7 (complainant) was real brother of the deceased. He was also present in the house because of the reconciliation proceedings between the appellant and his wife (daughter of the deceased). Presence of all the said eyewitnesses in the circumstance of this case seems to be natural and plausible. All the eye-witnesses while deposing before the trial Court unanimously stated that it was the appellant who had caused numerous injuries with Churri to the deceased.
25. The witnesses while deposing before the trial Court painted a vivid and bright picture of the occurrence. Their evidence inspires confidence, rings true and in the circumstances of this case we are persuaded to rely upon the same. The ocular account also finds support/corroboration from the medical evidence. The location, duration and nature of injuries as narrated by the eye- witnesses stands affirmed by this piece of evidence.
26. ' During investigation crime weapon i.e, Churri P.3 was also recovered from the appellant. The arguments of the learned counsel that in the absence of any report from the office of Chemical Examiner and Serologist the recovery evidence relied upon by the prosecution would be of no value, have no force. This recovery was effected after two days of the occurrence and the appellant had ample time to wash the blood from the weapon. In the circumstances of this case the recovery of Churri at the instance of appellant is of great significance and this piece of evidence cannot be rejected merely because the weapon was not stained with blood.
27. ' With concluding the arguments, learned counsel for the appellant also submitted that the genesis of the occurrence was shrouded in mystery and in this view of the matter, learned trial Court had erroneously awarded extreme penalty of death to the appellant. We are afraid, this contention has no force. The bare perusal of the statements of Mst. Naveed P.W.6 and Muhammad Younas P.W.7 reveal that appellant had come to the spot being armed with Churri with the intention to commit the murder. The moment Muhammad Latif deceased opened the door of his house, appellant launched attack and caused numerous injuries, thereafter he dragged Muhammad Latif to the pond of water near the place of occurrence and cut his throat. It is a case of cold blooded murder and no ground for the reduction of sentence is made out.
28. ' The crux of the above discussion is that prosecution has proved its case to the hilt against the appellant. This appeal has no merits, the same stands dismissed.
29. ' Before parting with the judgment, we would like to observe that learned trial Court while passing the impugned judgment has erroneously observed that if the compensation as required under section 544-A, Cr.P.C. On both the counts i.e, under sections 302 (b) and 324 read with section 337- F(ii), P.P.C, is not paid by the appellant, he will further undergo two years R.I. And one year R.I.
30. Respectively. Under section 544-A, Cr.P.C, in default of payment of compensation maximum sentence of imprisonment which could be awarded is six months as simple imprisonment. In this view of the matter, impugned judgment to this extent stands corrected and it is observed that in case the compensation is not paid by the appellant for the said offence he shall further undergo six months' S.-I. On both counts.
31. ' Death sentence awarded to the appellant stands confirmed and Murder Reference i.e, M.R. No,237 of 1999 is answered in the affirmative.