1. ' SARDAR TARIQ MASOOD, J.---Abdul Latif appellant was tried by the learned Sessions Judge, Dera Ghazi Khan in case F.I.R. No,323 dated 22-10-2003 registered under sections 302, P.P.C. At Police Station Kot Chhutta District Dera Ghazi Khan for the murder of Mst. Naghma Bibi deceased. The learned trial Judge vide judgment dated 3-6-2005 convicted Abdul Latif appellant under section 302(b), P.P.C. As Taazir and sentenced him to death. He was further directed to pay Rs.50,000/- as compensation under section 544-A, Cr.P.C. To the legal heirs of the deceased.
2. ' The appellant has filed Criminal Appeal No,456 of 2005 against his conviction and sentence whereas the learned trial Court has sent a reference (M.R. No,374 of 2005) for the confirmation of death sentence of the appellant or otherwise. We propose to dispose of both these matters by this single judgment.
2. Brief facts of the case as disclosed in F.I.R. Exh.PE/1 by P.W.6 Ghulam Sarwar are that on 22-10- 2003 at about Maghrib wela, Abdul Latif Bhanja, (son of his sister) came at his home. All the family members along with Abdul Latif accused slept in the room. In the morning time, he went to vegetable market in his daily pursuit. His wife P.W.7 Mst. Maryam and his son Zafar Abbas were present in the house. He also returned from the vegetable market, as he could not get the work.
3. When he reached the house, the appellant was also present there. At about 12 noon, he and his son were sitting in the street in front of their house, P.W.8 Ghulam Shabbir met them. He and his son were talking with Ghulam Shabbir in the street. Meanwhile hue and cry was raised in the house. All the above-mentioned three persons ran towards the house and saw that Abdul Latif was having blood-stained Chhuri in his hand. His clothes were smeared with blood. He was scaling over the southern wall of the house. His unmarried daughter Mst. Naghma Bibi aged about 16/17 years was lying in the room smeared with blood. It was alleged by the complainant that his wife Mst. Maryam told him that Abdul Latif had committed the murder of his daughter by causing her repeated blows with Chhuri. Abdul Latif escaped by scaling over the wall having the blood-stained Chhuri in his hand. He attended Mst. Naghma Bibi who succumbed to the injuries on the spot.
4. ' Motive behind this occurrence was stated to be that Abdul Latif was demanding the hand of Mst.
5. Naghma Bibi for marriage. Ghulam Sarwar had refused to contract marriage of his daughter with Abdul Latif who got annoyed and committed her murder.
3. After completion of investigation, challan was submitted against the appellant. Charge was framed, to which, he pleaded not guilty and claimed trial. In order to prove its case, prosecution examined as many as 10 P.Ws. In all and also tendered documentary evidence.
6. ' P.W. 1 Dr. Farkhanda Jabeen conducted the autopsy on the dead body of Mst. Naghma Bibi deceased and found ten stab wounds on her person. In her opinion, all the injuries were ante- mortem and caused by any sharp edged weapon. Injury No,1 caused damage to left lung and injury No,3 to liver and were responsible for haemorrhage shock and death. Injuries were Nos.1 and 3 were sufficient to cause death in ordinary course of nature. Probable time between injuries and death was within few minutes and between death and postmortem was seven to nine hours.
7. ' P.W.2 Ahmad Sher Samar (Rtd.) H.V.C. Prepared site plan Exh.PD, Exh.PD/1 and Exh.PD/2.
8. ' P.W.3 Abdul Ghaffar HC stated that Noor Ahmad S.-I. Handed over to him parcels said to contain blood-stained earth and blood-stained Chhuri for safe custody in Malkhana. On 20-11-2003 he handed over these parcels to Mazhar Hussain Constable for onward transmission to the office of Chemical Examiner.
9. ' P.W.4 Mazhar Hussain Constable handed over the aforesaid two parcels in the office of Chemical Examiner Lahore intact.
10. ' P.W.5 Safdar Hussain Constable escorted the dead body of Mst.Naghma to DHQ Hospital, D.G.
11. Khan. After autopsy I.O. Handed over last worn clothes of the deceased.
12. ' P.W.6 Ghulam Sarwar is the complainant and witness of ocular account.
13. ' P.W.7 Mst. Maryam is the mother of the deceased and also the eye-witness of the ocular account.
14. ' P.W.8 Ghulam Shabbir is also the witness of ocular account and recovery.
15. ' P.W.9 Khadim Hussain Constable recorded the formal F.I.R.Exh.PE/1 on receipt of complaint Exh.PE sent by Noor Ahmed S.-I. Through Ghulam Abbas Constable.
16. ' P. W.10 Hafiz Noor Ahmed is the I.O. Of this case. He arrested the accused appellant and recovered Chhuri P-8 from him. After completing the investigation, he submitted the challan.
17. ' Learned DDA gave up Zafar Abbas P.W. And tendered reports of Chemical Examiner Exh.PM and Exh.PN and that of reports of Serologist Exh.PJ and Exh.PP and closed the prosecution case.
4. The statement of appellant under section 342, Cr.P.C. Was recorded. He denied the allegations levelled against him and professed his innocence. In answer to question, why this case against you and why the P.Ws. Have deposed against you, the appellant stated as under:-- "All the P.Ws, are interested and inimical towards me. They have deposed falsely against me. Our family was not on visiting terms with the family of deceased. There was dispute of divorce of Najma Bibi sister of Naghma deceased in which divorce was there and I stand falsely involved in this case.
18. I am innocent."
19. ' Neither the appellant opted to appear under section 340(2), Cr.P.C. In disproof of the allegations levelled by the prosecution nor he produced any evidence in his defence.
5. Learned counsel for the appellant contended that the number of F.I.R. Has not been mentioned in the inquest report; that the eyes and mouth of the deceased were opened and the witnesses were not present; otherwise they could have closed the mouth and eyes of the deceased; that they have not tried to apprehend the appellant; that the F.I.R. Has been lodged after deliberation and consultation; that in the post mortem report, only month and year has been mentioned but date and number of F.I.R. Has not been given; that the I.O. Has not mentioned the name of P.W.7 Mst.
20. Maryam Bibi in the first zimni; that I.O. Has admitted that Chhuri P.8 was not only blood-stained but also covered with dung/Gobar Alood; that the story of the prosecution that the appellant wanted to contract marriage with the deceased is not proved as during the cross-examination, P.W.6 Ghulam Sarwar complainant has admitted that Rishta of the deceased was not demanded by the mother of the appellant; that according to P.W.6 and son of the complainant were watching the incident but they had not claimed that they had seen the incident; that the number of injuries cannot be caused by the appellant; that the age of the appellant is mentioned in his statement under section 342, Cr.P.C. As 19 years, it means that he was about 17 years at the time of incident and that can be taken into consideration for lesser punishment.
6. On the other hand, learned Additional Prosecutor General for the State opposed the appeal vehemently by submitting that the appellant is the close relative of the complainant and is son of his sister; that there is no reason to falsely implicate him in the present case; that the motive is quite natural that he demanded the Rishta of the deceased from his maternal uncle; that the mother of the deceased is the natural witness of the incident and that the witnesses had seen the appellant with blood-stained Chhuri and blood-stained clothes while scaling over the wall and that the blood-stained Chhuri and blood-stained clothes have been recovered at the pointation of the appellant. He lastly prayed that the appeal of the appellant may be dismissed and the conviction and sentence passed by the learned trial Court be maintained.
7. We have heard the arguments of learned counsel for the parties at length and perused the record with their able assistance. (sic) In this case, occurrence took place at 12.00 noon whereas the complaint Exh.PE was recorded at 1-30 p.m. When the police met the complainant at Pul Dot Qureshi. The place of occurrence is at a distance of 9 kilometers from the police station. After the occurrence when the complainant was proceeding towards the police station, he met the police in the way where he recorded his statement which was completed at about 1-30 p.m., so the matter was reported to the police promptly and there was hardly any chance of fabrication or consultation. The promptitude of the F.I.R. Eliminates the chance of fabrication.
21. The place of occurrence is the house of the complainant. P.W.7 Mst. Maryam Bibi is the inmate of the said house and thus, most natural witness. P.W.6 Ghulam Sarwar is also the inmate of the said house and he could easily assert that the appellant caused injuries in his presence but he narrated the occurrence as it happened that on hearing hue and cry, he rushed inside the house along with his son and saw Mst. Naghma Bibi deceased in injured condition whereas he noticed the appellant while armed with blood-stained Chhuri scaling over southern wall and running away. He also noticed the clothes of the appellant as blood-stained. The presence of both the witnesses at the place of occurrence cannot be doubted at all. They cannot be termed as chance witnesses and their presence at the spot is but natural.
22. P.W.6 Ghulam Sarwar is the real maternal uncle of the appellant. Not a single sentence could be brought by the defence side to prove any of Mst.Maryam Bibi and Ghulam Sarwar P.Ws. Against the appellant. In such situation, question of false involvement of the appellant does not arise.
23. Only suggestion was put to the witnesses that the appellant was not on visiting terms with the complainant. It does not mean that he could not enter the house to commit murder. Both P.Ws.6 and P.W.7 c made their statements in a straight forward manner and their testimony is confidence inspiring. They are consistent on each and every important point and no discrepancy was pointed out by the defence in the statements of these two witnesses. The bringing of Chhuri along with him indicates the intention of the appellant and it also indicates the premeditation of the appellant.
24. Both the witnesses as earlier discussed are relatives of the appellant. Both have no enmity with the appellant and their evidence can be relied upon without any further corroboration. During cross- examination, no material could be brought on the file to discredit the evidence of these two witnesses. P.W.6 Ghulam Sarwar and P.W.8 Ghulam Shabbir on hearing hue and cry rushed inside and witnessed the appellant while scaling over the wall while having a blood-stained Chhuri with him immediately after the occurrence and at the same time, Mst.Maryam Bibi told them that the appellant had committed the murder of the deceased.
25. ' It is a case of single accused. The prosecution witnesses were not having any ill will or motive to substitute their close relative.
26. ' As already discussed, there is no need of any corroboration to the statement of these witnesses.
27. In this case, on the same day, post mortem of Mst.Naghma Bibi was conducted at 8-00 p.m. And the doctor opined that there were 10 stab wounds on her person. According to the doctor, duration between the injuries and death is within few minutes and between death and post-mortem 7 to 9 hours. The said duration fully supported the ocular account as according to the case, Mst.Naghma Bibi died then and there at the spot when the appellant gave Churri blows to her. The duration between death and post mortem also confirmed the time of occurrence because the post mortem was conducted at 8-00 p.m. And the occurrence took place at 12-00 noon.
28. ' In this case, there is another corroborative piece of evidence in the shape of blood-stained Chhuri which was recovered at the instance of the appellant. The said Chhuri was recovered from the bushes (Sarkandas) at the instance of the appellant on 12-11-2003. The contention of the learned counsel for the appellant that the same was covered with earth and Gober Alood which is natural as the same was concealed by the appellant/accused in the bushes. The animals grazing their could emit dung. The said Chhuri was sent to the office of Chemical Examiner and according to the report of Chemical Examiner and E Serologist, the same was found to be stained with human blood which provides a strong corroboration to the ocular account.
29. ' The contention of the learned counsel for the appellant that in the inquest report, F.I.R. Number was not mentioned. There is no such column in the inquest report which requires the F.I.R. Number.
30. The application Exh.PB for post-mortem examination was also sent along with inquest report and the F.I.R. Number, date and offence are specifically mentioned in the said application. The contention of the learned counsel for the appellant that mouth and eyes of the deceased were opened when the police saw the dead body is also having no force as after such an occurrence people do not touch the body and use to wait for the police to come and lift the dead body.
31. It is a case of single accused. This Court and Hon'ble apex Court many times observed that in the case of single accused, substitution is a rare phenomenon especially when the complainant party has no ill will F against the appellant and the accused is kith and kin of the complainant.
32. ' Learned counsel for the appellant mainly stressed on the point that the appellant was aged just 17 years at the time of occurrence. For the said purpose, no G proof was produced by the learned counsel for the appellant in the shape of birth certificate etc. Only mentioning the age as 19 years in statement under section 342, Cr.P.C. Is not sufficient to hold the appellant as juvenile because while making statement the age was given by the appellant himself and it is not the observation of the Court nor it is proof of the age of the appellant.
33. We have gone through the file. On 6-11-2003 the certificate of Shanakhat was prepared by the police which is available on the file in which the age of the appellant is mentioned as 20/21 years.
34. This is the age which is given by the accused at the time of his arrest to the police. In this case, Mst.Naghma Bibi who was just 16/17 years and was brutally murdered by this appellant. Post- mortem report reveals that there was 10 stab wounds on different parts of the body of Mst.
35. Naghma Bibi. The broken bangles found on the place of occurrence also indicate that helpless deceased girl had tried her best to save herself. She was brutally murdered and the accused acted like butcher in this case and deserves no leniency regarding the quantum of sentence.
11. Despite lengthy arguments the learned counsel for the appellant has not been able to shatter the case of the prosecution. After deep re-appraisal of the evidence, we are convinced that the prosecution has successfully established its case, therefore, we do not find any reason to interfere in the conviction recorded against the appellant and also do not find any mitigating circumstance to reduce the normal penalty of death, therefore, the appeal of the appellant is dismissed. The conviction and sentence passed by the learned trial Court is upheld. The death sentence of Abdul Latif appellant is confirmed.
12. Murder Reference is answered in the affirmative.