1. AFTAB FARRUKH, J.-Munawar Hussain son of Muhammad Sharif, aged 28 years, has been convicted on two counts under section 302, P. P. C. And sentenced to death on each count by Mr. Ausaf Ali Khan, Sessions Judge, Sialkot, vide judgment dated 15th March, 1977. The deceased are his were Mst. Zohra Bibi, aged 20, and her father Allah Ditta. On each count, the sentence is death with a fine of Rs. 2,000 or in default one year's rigorous imprisonment. Fine, if realized, has been directed to be paid to the heirs of the deceased.
2. The occurrence took place at about 3-30 p.m. On 1May, 1975, in the house of Allah Ditta and Mst.
2. Zohra Bibi deceased, situated in Mauza Korowal, 8 miles from Police Station Sadar Sialkot. Safdar Nawaz (P. W. 5), son of Allah Ditta, and Sarwar proceeded to the police station and on the way in Mauza Bhagwal met Miran Bakhsh, A. S. I. (P. W. 9), who happened to be there in connection with the investigation of another case. Safdar Nawaz P. W. Made statement (Exh. P. B.) at 5 p.m. Which was recorded by Miran Bakhsh A. S. .I. (P. W. 9). Formal F. I. R., (Exb. P. B./1) was recorded at 6 a.m. The same day by Habibullah Muharrir, A. S. I. (P. W. 4).
3. The case for the prosecution, briefly stated, is that Mst. Zohra Bibi deceased was married to Munawar Hussain appellant 3/4 months prior to the occurrence. The appellant took Mst. Zohra Bibi deceased to Karachi, but she returned after a month. She disclosed to Allah Ditta, the father, that Munawar Husain appellant had no job and was inducing her to lead an immoral life. She had returned home on finding an opportunity. A few days after the return of Mst. Zohra Bibi, the appel-- lant came and using foul language asked Mst. Zohra Bibi deceased to accompany him. Allah Ditta deceased advised him to go and do some job and promised to send Mst. Zohra Bibi deceased thereafter, but Munawar Hussain appellant left the house holding out threats.st On 1st May, 1975, at about 3-30 p.m., Safdar Nawaz (P. W. 5) was sitting in his house in the company of his father Allah Ditta (deceased), Mst. Zohra Bibi (deceased) and other sister Mst. Jamila Akhtar (P. W. 7). The appellants came there and insisted on taking Mst. Zohra Bibi deceased along with him. Allah Ditta deceased advised the appellant to send his father for taking along Mst. Zohra Bibi, whereupon Munawar Hussain appellant pulled out a clamped knife (Exh. P. 6) from the fold of his shalwar and inflicted a blow in the lower chest of Allah Ditta deceased. This was witnessed by Muhammad Abdullah (P. W. 6) who also happened to be present in the nearby house of Nawab Din, and reached on hearing the noise. Zohra Bibi deceased attempted to intervene and she was also given knife blows by the appellant. Allah Ditta deceased tried to save his life by running away, but he collapsed near the water pump and died at the spot. Thereafter, the appellant attempted to attack Safdar Nawaz (P. W. 5) and his other sister Mst. Jamila Akhtar (P. W. 7), but the two rushed to the room and bolted the door from inside. Mst. Zohra Bibi deceased ran towards the outer door of the house. The appellant chased her and inflicted injuries on her. Safdar Nawaz and Mst. Jamila Akhtar P. Ws. Climbed upstairs and saw that the appellant had caught hold of Mst. Zohra Bibi deceased from pigtail and was inflicting injuries with knife. Thereafter, the appellant ran away with his knife, but Muhammad Abdullah (P. W. 6), Manzoor Husain (P. W. 8) and Sarwar (given up) apprehended him at the spot along with his weapon. Mst. Zohra Bibi too died at the spot. Leaving the accused under the custody of Muhammad Abdullah (P. W. 6) and Manzoor Husain (P. W. 8), Safdar Nawaz P. W. In the company of Sarwar. Proceeded to the police station for lodging the report. They met Miran Bakhsh, A. S. I. (P. W. 9) near village Bhagwal and Safdar Nawaz P. W. Got recorded his statement (Exh. P.B.). The Investigating Officer Miran Bakhsh, A. S. I. (P. W. 9) visited the spot where Muhammad Abdullah (P. W. 6) and Sarwar produced the blood-stained knife (Exh. P. 6) before him which was taken into possession vide Memo. Exh. P. F. The Investigating Officer formally arrested the appellant on the same day i.e. 1st May, 1975, removed his blood-stained shalwar (Exh.
3. P. 7) and shirt (Exh. P. 8) and took the same into possession vide Memo. Exh. P. J.
4. The two murders, presence of witnesses, the time, place of inci--dent, apprehension of the appellant at the spot, recovery of the knife (Exh. P. 6) and the blood-stained shalwar and shirt (Exhs. P. 7 and P. 8) of the appellant are not denied by him. His case is disclosed in answer to Question No. 6 of his statement at the trial, which is reproduced below in its entirety for the sake of clarity:-- "I was married to Zohra Bibi about five months before this occurrence. After the marriage, she accompanied me to Karachi and she lived there for about two months. One day when I was attending my duty, she ran away from the house to the company of some one. Later on, I discovered that it was Nasir. My inquiries revealed that she had illicit liaison with said Nasir. She did not immediately go to Sialkot, but kept on wandering with the said Nasir. I went to Sialkot in her search. Before this I tried to search her from my various relatives On the day of occurrence, at about noon time, I saw her riding with Nasir on the latter's motor-cycle in Ugoki. I, therefore, was deprived of self-control and I went to the house of Mst. Zohra where I abused her for having gone out with Nasir. She insisted that she would continue having relations with Nasir on which I was provoked and I was completely deprived of self-control. I picked up a knife from the kitchen of their house and attacked her. Her father Allah Ditta tried to intervene and the blow which was actually aimed at her struck Allah Ditta. Mst. Zohra ran out of the house and I followed her in the street and I gave number of injuries with the knife. After this, I did not run. Rather stayed near the dead bodies and on the arrival of Police, I surrendered myself. I had no intention to kill Allah Ditta. He received this injury only by accident. My were was not of good moral character. Her behaviour confirms 5 my suspicions. I acted only under grave and sudden provocation. The story that I wanted my deceased were to lead an immoral life is absolutely false. I was never jobless. I was in employment of Radio Pipe Factory near Maripur, Karachi."
4. 5, The motive as well as the ocular account are supported by the testimony of Safdar Nawaz (P. W.
5. 5) son of Allah, Ditta deceased, Muhammad Abdullah (P. W. 6), an independent witness, and Mst.
6. Jamila Akhtar (P. W. 7), sister of Mst. Zohra Bibi deceased.
6. The infliction of injuries on the two deceased is not denied by the appellant. Nothing materially turns on the medical evidence in this case, which is furnished by Dr. Muhammad Aslam Bhatti (P.
7. W. 1) who performed the post-mortem examination on the dead body of Allah Ditta and found two sharp-edged weapon injuries on his person. Injury No. 1, which was in the chest proved to be fatal.
8. He also performed the post-mortem examination on the dead body of Mst. Zohra Bibi and found five sharp-edged weapon injuries on her person. In her case too, Injury No. 1, which was in the chest, proved fatal.
7. The ocular account given and the reasons for these murders have the ring of truth about it. It intrinsically sounds to be true and the inci--dent appears to be in logical consequence. The occurrence having taken place at 3-30 p.m. In Mauza Korowal, eight miles away from the police station, the statement (Exh. P. B.) was made very promptly at 5 p.m. The version at the trial is exactly the same as reported in Exh. P. B. It is extremely difficult to imagine a simple villager having concocted such a convincing version within such a short span of time. We are fully satisfied about the truth of the prosecution case.
9. We have reached the above conclusion after placing the two versions in juxtaposition. The learned counsel for the appellant has contended that the defence version was more probable and further that on the point of motive Muhammad Abdullah (P. W. 6) had given a different version. We will deal with the contention regarding the motive in the first instance.
10. According to the learned counsel, the case of Safdar Nawaz (P. W. 5), brother, and Mst. Jamila Akhtar (P. W. 7), sister, was that Mat. Zohra Bibi deceased told them that the appellant had no job and for that reason he attempted to induce her for leading an immoral life, and, therefore, she had returned to her father, while Muhammad Abdullah (P. W. 6) has stated as under:- "My house is about 200 yards away from the house of the deceased. Mst. Zohra deceased used to live with her parents i.e. Her father because there was understanding that after the marriage, she will continue residing with her father till Safdar P. W. Is married. The accused, however, in violation of the understanding took Zohra deceased to Karachi. One Nasir used to visit the house of Allah Ditta deceased, but I do not know if he was his relative."
11. Nasir referred to above, is maternal cousin of Mst. Zohra Bibi deceased, whereas the appellant is paternal cousin of Mst. Zohra Bibi. We see nothing objectionable in a cousin visiting the house unless there was something more available on record to suggest any inference worth taking note of. Muhammad Abdullah P. W. Lives in the slime locality, but not in the immediate vicinity and he has truthfully stated that he did not know the relationship of Nasir. Therefore, we do not draw any adverse inference from his above referred part of the statement.
12. Similarly, his reference to any understanding between the parents and the appellant that Mst.
13. Zohra Bibi would accompany the appellant after the marriage of her brother Safdar Nawaz (P. W.
14. 5) is not contradictory of the case of the prosecution. Muhammad Abdullah P. W. Does admit that she accompanied the accused to Karachi in violation of the above mentioned understanding. Both these positions are reconcilable with the case of the prosecution and in no manner are contradictory of each other. It may be true that there may be a previous understanding to this effect, but subsequently the appellant may have persuaded Allah Ditta deceased to let Mst. Zohra Bibi deceased accompany him. The appellant was a nephew of Allah Ditta deceased, lawfully wedded husband Of Mst. Zohra Bibi deceased and he could have conveniently agreed to send Mst.
15. Zohra Bibi. There is nothing on record, whatsoever, to indicate that Mst. Zohra Bibi accompanied the appellant despite the disagreement of her parents.
16. The learned counsel for the appellant has submitted that the defence version was more probable.
17. We do not accept this submission. If Mst. Zohra Bibi deceased was having any liaison with Nasir, she would have, in all probability, been married to Nasir who was her maternal cousin. Allah Ditta deceased had married Mst. Zohra Bibi deceased to his nephew, i.e. The appellant. Her return to her father within a month of the marriage, is consistent only with the case of the prosecution that the appellant vas without a job and attempted to induce her in leading an immoral life. If she had any liaison with her cousin Nasir, she would not have returned to her father, nor would have the appellant come all the way from Karachi to get back an infidel were from the house of her father.
18. The appellant would not have felt so enraged on such a polite and respectable answer of Allah Ditta, particularly when he suspected the fidelity of Mst. Zohra Bibi deceased. Unless the deceased had disclosed the conduct of the appellant, to her family, Mst. Jamila Akhtar and Safdar Nawaz P.
19. Ws. Would not make an allegation of such a nature against their brother-in-law who also happened to be real paternal cousin.
20. The learned counsel has referred to the statement of the appellant for arguing that he bad a job in Karachi. This is a bare statement, which is not corroborated by any evidence or circumstance. Even if he bad a job, it appears be spent the salary on his own vagrancies, and told the were that he was jobless and in this manner attempted to induce her to immorality.
21. W e cannot accept his version that he picked up the clamped knife with 4--, blade from the spot and inflicted injuries with that, such type of knives are not used in houses, but are retained either by badmuashes or by the criminals for the purposes of assault. His coming armed with a clamped knife of 4--" blade indicates his premeditation.
22. We cannot accept the statement of the learned counsel that Allah Ditta received injuries by chance. He has suffered two injuries. One is on arm which seems to have been suffered in the course of warding of the blow and the other injury in the chest, which proved fatal, and convinces us, of the same being a determined blow. In this view of the matter, we see no justification, whatsoever, on the part of the appellant, for causing the murder of Allah Ditta. We would clarify that by making the above observation, we do not mean to say that we find any justification on the part of the appellant for causing the death of Mist. Zohra Bibi. We fully believe the prosecution version and totally reject the defence version. There is no evidence on record, whatsoever, or any circumstance to support the bare statement of the appellant. In fact, there is no evidence on record to support the plea of the accused. In our opinion, in the particular circumstances of this case, visualising a full proof case against him, the appellant found it advisable to set up the plea of grave and sudden provocation in which attempt, he has miserably failed, to get any support from the evidence. We, therefore, reject his plea.
23. As indicated above; we are fully convinced of the truth of the prosecution version and we believe the eye-witnesses who were natural and have no reason, whatsoever, to falsely implicate the appellant who is their real brother-in-law as well as paternal cousin. They are corroborated by the independent testimony of Muhammad Abdullah (P. W. 6) and Manzoor Husain (P. W. 8). Besides that, there is strong circumstantial evidence of the appellant having been apprehended at the spot with blood-stained knife (Exh. P. 6) and wearing blood-stained clothes (Exhs. P. 7 and P. 8) which were taken of his person at the time of his arrest. These articles were found to be stained with human blood vide Serologist's report (Exh. P. R.). We find the case fully proved against the appellant beyond any shadow of doubt. We accordingly dismiss this appeal and maintain the conviction and sentences of the appellant on each of the two counts recorded by the learned trial Court and confirm the sentence of death.