1. MUNAWAR ALI KHAN, J.-The appellant Ghulam Anwar alias Ali Anwar was tried for the murder. Of his mother Mst. Sachal, by the Sessions Judge, Sukkur who by his judgment dated 17th May, 1981 convicted him under section 302, P. P. C. And awarded him the sentence of death.
2. The prosecution case is, that the appellant suspected his deceased mother to have illicit connections with Khan, a railway Watchman living in the adjoining quarter. On the day of incident (i.e. 23rd May, 1980) when the appellant found his mother missing from her house, he went in search for her. On learning that she had gone to goldsmith's shop, he rushed there. When he did not find her at the shop, suspicion 14 arose in his mind, that she might have gone to visit her paramour. He, therefore, went to the Khan's quarter and found it locked from inside. He, however, heard the conversation between her mother and Khan. He could also see through a key-hole his younger sister Parveen inside the quarter. On this he returned to his house, took a knife and came back to the Khan's quarter. He knocked at the door of the quarter but some--how he was spotted by his mother and her paramour, who tried to escape. Although Khan succeeded in running away, the appellant pursued his mother and stabbed her with the knife, on several parts of her body. She ran for protection to her fathers house and fell down and turned unconscious. She was removed to the hospital, where she breathed her last.
3. The autopsy conducted by Mohammad Bachal, Medical Officer Sukkur, disclosed five incised wounds, caused by stabbing, from which the wound on the chest was in the doctor's opinion, individually sufficient to cause death. Thus the medical evidence leaves no doubt that the death of the deceased was brought about by the stab wounds.
4. The next point that falls for consideration is whether the appellant inflicted the injuries on the deceased. To prove this point, the prosecution had initially given pieces of evidence to rely upon ; ocular evidence, judicial confession, recovery of blood-stained knife, motive and absconsion of the appellant..
5. According to the version contained in the F. I. R. The incident was witnessed amongst others, by the complainant Ali Nawaz, Nisar Ahmed and Haji Khan. They are all related inter se. Ali Nawaz is appellant's grand-father, Nisar Ahmed is his aunt's son and Haji Khan is father of Nisar Ahmed. For obvious reasons these witnesses have not supported the prosecution case in the trial Court. They resiled from their earlier statements the complainant Ali Nawaz from his version in F. I. R. And other two witnesses from their statements, under section 164, Cr. P. C. In view of this position, the F. I. R. As well as the statements under section 164, Cr. P. C. Which cannot be used as substantive piece of evidence are of no help to the prosecution. The emphasis of the prosecution was, therefore, shifted from ocular evidence to judicial con--fession, which the learned Sessions Judge has relied upon as a basis for the conviction. The record shows that the confession of the appellant was recorded on the same day on which his arrest was made. He was arrested on 8th June, 1980 at 12 noon and produced before the City Magistrate, Sukkur for his confessional statement, after only 45 minutes from the arrest. The promptitude shown in producing the appellant for his confession coupled with absence of marks of violence on his body, as certified by the learned Magistrate, who recorded his confession is a clear pointer to voluntariness of the confession. Beside this, perusal of the Magistrate's statement discloses that he took all reasonable precautions to ensure that the confession of the accused was not only voluntary but also truthful. While retracting from his confessional statement, all that the appellant alleged in his statement under section 342, Cr. P. C. Is, that he was maltreated by the police for extracting confession from him. The allegations of maltreatment are obviously baseless. As pointed out above, the appellant was with the police hardly for 45 minutes after his arrest, when be was produced for confession. Furthermore, the learned City Magistrate, who recorded his confession has stated on oath, that when a question was put to the appellant if he was maltreated by police his reply was in the negative. The learned Magistrate has further stated, that he examined the body of the appellant, but found no marks of violence on it, The appellant has not attributed any motive to the police for subjecting him to maltreatment. After taking into consideration all these circumstances no doubt is left in our mind, that the confession given by the appellant was not only voluntary, but also true.
6. It is settled law that before retracted confession is used as a basis for conviction the rule of prudence requires, that it is corroborated in all material particulars. The prosecution have sought the requisite corroboration from the recovery of blood-stained knife from appellant, his abscondence immediately after the murder of his mother, and partial support of the complainant Ali Nawaz and the evidence of motive. In the confession, the appellant has stated, that he suspected his deceased mother to have illicit connections with Khan. He further states that on the day of incident when he did not find the deceased in her house. We went to search for her and ultimately found her conversing with her paramour Khan in the latter's quarter, which was locked from inside. On this, he further goes to say he went to hi house and brought Churi (knife) and knockedat the door of the quarter. Somehow Khan succeeded in escaping though he could over- power his mother and stabbed her with Churi at several places of her body. According to him he produced Churi before the police.
7. The appellant's statement that he produced the Churi before the police finds corroboration from the evidence of S. H. O. Abdul Razzak. According to the S. H. O. The mashirs in whose presence the Churi was recovered were Karim Bux and Sadoro, although the rnashirs have given a go-by to the prosecution like the eye-witnesses, there is no reason to disbelieve the evidence of the S. H. O. No motive has been attributed to the S. H. O. For foisting the Churi on the appellant. The learned counsel for the appellant, however, contended that confessional state--ment and the evidence of the S. H O. Relating to recovery of the Churi are inconsistent. It is true, that according to the appellant he produced the churi at the police station, while the evidence of the S. H. O. Discloses that it was secured from the appellant in his house. Despite this inconsistency, the fact remains that the churi was recovered from the appellant. Thus the confessional statement of the appellant in respect of recovery of the churl stands corroborated by the evidence of the S. H. O. As stated by the S. H. O., the churl was sealed at the spot and sent to the Chemical Examiner. The chemical report brought on record, shows that the churi was stained with human blood. As for appellant's absconsion, there is no doubt that after committing the murder of his mother, he became scarce anal re-appeared on 8th May, 1980 (i.e. 16 days after the occurrence) when A he was placed under arrest. This clearly proves, that the appellant absconded all these days. His conduct relating to his disappearance immediately after the occurrence of such a long period is a relevant factor under section 8 of the Evidence Act and lends support to the retracted confession.
8. According to the confession, the appellant stabbed the deceased with the `Chhuri' after she had stepped out from the house and was going to her relatives. The prosecution case as narrated in the F. I. R. Is that beside complainant Ali 'Nawaz, Nisar Ahmed and Haji Khan had witnessed the 'incident. As already pointed out above, they have not supported the case. Nevertheless a portion of the complainant's statement which is reproduced below does corroborate the confesssion. The relevant portion is as under :- "I heard commotion, outside my house. I got up and at that time my daughter Mst. Sachal came inside the house. She was all with blood and fell down in my house in the courtyard. My daughter raised cries `Baba save me', and then the accused's voice I heard 'be away, be away'. I tried to follow him and he started going out but I identified that it was accused Anwar."
9. Apart from above, the appellant's statement with regard to motive for the murder also stands corroborated by the complainants evidence to the effect, that he had stated in the F. I. R. That Anwar Ali accused told his mother that she had illicit connections with Khan and he would not spare her. After having made such admission, there is no indication in his evidence that he had said so under pressure or wrongly.
10. For the above reasons we have no hesitation to bold that the retracted confession of the appellant has received the requisite corroboration in all material particulars and consequently, there is no doubt in our mind that the appellant had inflicted the fatal injuries on the deceased Mst. Sachal.
11. We are, however, unable to agree with the view that the offence committed by the appellant fell under section 302, P. P. C. The learned counsel for the appellant was right in pointing out that as soon as the appellant overheard the conversation between his deceased mother and her paramour just inside latter's quarter he lost his self-control and as his residence was just adjoining to the quarter, it took him no time to bring the Churi and stab his mother. In these circumstances we are convinced that the provocation caused to the appellant was not only grave but also sudden.
12. In view of the above findings, while dismissing the above appeal, we alter the conviction of the appellant from section 302, P. P. C. To section 304 (I), P. P. C. And sentence him to suffer R. I. For a period of 5 years and pay a fine of Rs. 2,000 or in default suffer further R.I. For a period of six months.
13. We further direct that the benefit of section 382-B, Cr. P. C. In respect of the period during which the appellant may have remained in judicial custody, pending his trial be given to him towards his substantive sentence by the jail authorities. With these modifications, the appeal is dismissed and consequently confirmation reference also stands dismissed.