Mazhar Iqbal Sidhu, J.--This judgment will dispose of the above captioned Criminal Appeal filed by Sajid as well as Murder Reference for confirmation of his death sentence or otherwise.
2. Appellant Sajid having been back fired by the learned trial Court, in getting the relief of acquittal has come to this Court by making a rap at its portal in the form of instant appeal under Section 410, Cr.P.C., which impugns the legality of judgment handed down by the learned Additional Sessions Judge, Vehari on 28.05.2008, whereby he was tried in a case registered vide FIR No, 230 dated 21.04.2007 under Section 302, PPC at Police Station Sadar Vehari and convicted and sentenced infra:- Under Section 302 (b), PPC as Ta,zir.Death sentence- and to pay compensation to the tune of Rs,2,00,000/- as required under Section 544-A, Cr.P.C. to the legal heirs of the deceased except the appellant and in default whereof to further undergo simple imprisonment for six months.
3. Lal complainant of this case (PW-4) got recorded his statement (Exh-PE) before Muhammad Siddique, SI (PW-8) on 21.04.2007 at 12:15 a.m (night) on the basis of which formal FIR ExhPE/1 was recorded to the effect that he was doing labour. About ten years prior, he got solemnized marriage of his daughter Mst. Parveen Akhtar with Sajid appellant and in exchange Mst. Sajida, daughter of Rajab Ali sister of the Appellant was married with his son Muhammad Iqbal. Out of the wedlock of the appellant and Mst. Parveen Akhtar (deceased), Mst. Nasreen aged four years, Mst. Shamim aged two years and Asad Ali aged two months were born, who were alive. Due to familial strange relations, about six months prior his daughter in law Mst. Sajida Bibi being annoyed proceeded to her parents' house whereas fifteen days ago his daughter Mst. Parveen Akhtar also come back to the house of the complainant. On 19.04.2007 Sajid appellant approached the complainant to accompany his wife. On 20.04.2007 at about 08:30 pm a punchayat was convened in presence of Zafar Iqbal Lumberdar in order to dissolve the bitterness, according to which one week time was fixed and it was agreed that Sajid appellant would sent his sister back to the house of her in laws then he would accompany his wife. Sajid appellant while grumbling left the punchayat. After a short while when the complainant alongwith Mst. Parveen Akhtar and Muhammad Iqbal his son and Muhammad Iqbal PW in order to go their home were passing facing Masjid, in the light of bulb at about 10:00 a.m, Sajid appellant raised a lalkara that he would, not leave alive Mst. Parveen Akhtar and with full force tabbed a chhurri blow at her back, who after sustaining injury fell to the ground. The appellant while taking the benefit of darkness and brandishing chhurri took flight towards north. The complainant and his companions escorted Mst. Parveen Akhtar to Civil Hospital, Vehari, where she succumbed.
4. Muhammad Siddique, SI conducted investigation in this way, who appeared as PW-08. He deposed that on 21.04.2007 Lal complainant appeared before him, recorded his statement Exh-PE without addition or omission, who thumb marked the same as a token of its correctness, sent the same through Sana Ullah 684-C, prepared injury statement Exh-PB. On 21.04.2007 he went to the place of occurrence, took into possession blood imbrued earth from the spot and secured the same vide memo. Exh-PF attested by Muhammad Iqbal and Qamar Iqbal PWs. Nazar Hussain 752- C presented before him last worn clothes of the deceased, took the same into possession vide recovery memo. Exh-PD attested by the PWs, inspected the place of occurrence, prepared rough site-plan Exh-PH on the pointing out of the complainant as well as eyewitnesses and recorded the statements of the PWs.
On 02.05.2007, he arrested Sajid appellant. On 03.05.2007, he obtained his physical remand. On 16.05.2007 during investigation, the appellant on his disclosure and pointing out led to the recovery of Churi P-4, which he secured through recovery memo. Exh-PG attested by the PWs and prepared site-plan of place of recovery Exh-PJ. On 17.05.2007, he took alongwith him draftsman Ijaz Latif at the place of occurrence, who took notes on the pointing out of complainant and the PWs, who prepared scaled site-plan Exh-PK, Exh-PK/1 and Exh-PK/2 in triplicate. On the said date, the appellant was remanded to judicial custody as he was found involved in this case. After the receipt of Chemical Examiner's report, he submitted report in terms of Section 173, Cr.P.C. before the Court of competent jurisdiction.
5. Learned trial Court after observing all the pre-trial codal formalities, indicted the appellant to which he did not plead guilty and claimed trial. Thereafter the prosecution was called upon to lead its evidence in order to prove its case.
6. At the trial, the prosecution in order to prove its case produced 10 prosecution witnesses in all and one Court witness.
7. The medical evidence was adduced through the statement of Lady Dr. Shama Shafique (PW--01) who on 21.04.2007 conducted postmortem examination on Mst. Parveen Akhtar's dead body and observed infra:- INJURY
1. An incised wound 4cm x 1.5cm x going deep on middle of back of left chest just left to vertebral column in mid scapular region.
OPINION After conducting the post-mortem examination, she was of the opinion that death in this case occurred due to irreversible shock by hemorrhage due to Injury No, 1, which was sufficient to cause death in ordinary course of nature. Injury was ante mortem and was caused by sharp edged weapon.
Probable time that elapsed between injury and death was within few minute and between death and post-mortem was about 12 hours.
Exh-PA was the correct carbon copy of the, post-mortem report whereas Exh-PA/1 was the sketch of injuries.
8. Learned DDPP renounced PWs namely Zafar Iqbal, Muhammad Saeed Iqbal, Muhammad Iqbal and Muhammad Saleem as being unnecessary and by tendering in evidence Reports of Forensic Science Laboratory Exh-PN and Exh-PO closed the prosecution evidence.
9. Afterwards the statement of the appellant under Section 342, Cr.P.C. was recorded, in which he denied and controverted all the allegations levelled against him by the prosecution and professed his innocence. He, however, neither opted to adduce evidence in his defence nor to appear as his own witness under Section 340(2), Cr.P.C.
10.Appellant in reply to the question "why this case against you deposed against you" answered as follows:-- "It is a false and frivolous case having no rings of truth around it. I was married with the deceased and my sister Sajida was married to Muhammad Iqbal brother of the deceased. Muhammad Iqbal given up PW was forcing Parveen Akhtar deceased to live in my house and when she resisted.
Muhammad Iqbal given up PW himself murdered his sister Perveen Akhtar deceased. That is why complainant Lal father of the deceased has falsely implicated me in this case just to save the skin of his son Muhammad Iqbal. The PWs are related inter se."
11.Upon conclusion of the trial, the appellant was convicted and sentenced as mentioned op-cit by the learned trial Court. Hence the appeal.
12.Learned counsel for the appellant have not seriously agitated for acquittal and has prayed that the Court may taken a lenient view as a Court of consciousness by submitting that the alleged incident is,a result of familial aversion and dejection as according to prosecution's own case, the motive of the case was exchange marriage, the sister of the appellant was living as wife in the house of the deceased whereas the deceased was abundant, then the appellant attempted to restore her house and all of a sudden unfortunate incident took place in which he appellant caused solitary injury on Parveen Akhtar, which went fatal, in this way, for all practical purposed quantum of sentence of death is harsh and it may be reduced to imprisonment for life particularly when the decease has four minor children Mst. Nasreen aged about four years, Mst. Shamim aged about two years and Asad aged about two months, otherwise there was no reason with the appellant to cause death of the deceased as at the time of occurrence, the deceased was having a breast feeding male baby in her lap. Another 'compassion has been highlighted that the minors have lost their mother and if death awarded to appellant is confirmed then the minors would go astray and helpless and that for the future of the minors.
13.Learned DPG assisted by the learned counsel for the complainant has opposed the submissions.
14.Heard. Record perused.
15. In the commission of alleged occurrence ruthlessness has not been found on the part of the appellant. Solitary injury has been caused to the deceased. The occurrence had taken place on account of familial dispute and the deceased had herself put her feet in hot water. No reason exists to disbelieve the PWs but hi the circumstances of the case, sentence of death is harsh and the same is reduced to imprisonment for life. The appellant shall be extended benefit of Section 382-B, Cr.P.C. The amount of compensation is reduced to Rs, 1,00,00/- from Rs, 2,00,000/- and in lieu thereof instead of six months, SI, the appellant shall undergo three moths SI. With the above modification in the sentence, instant appeal is dismissed. The sentence of death is not confirmed.
Murder Reference is answered in the negative.