This Criminal Appeal No. 174 of 1980 arises from the judgment of the learned Sessions Judge, Faisalabad, whereby, he, on 29-11-1979 convicted Muhammad Sadiq, appellant aged 22 years under section 302, P. P. C. For the murder of Mst. Marrayyam wife of Muhammad Ramzan complainant P. W. 5 and sentenced him to imprisonment for life and a fine of Rs. 2,000 in default thereof to further R. I. For one year with the direction that the fine if recovered shall be paid to the heirs of the deceased.
2. The occurrence took place on 13-5-1978 at about 1-00 p.m. In the deorhi of the house of Muhammad Ramzan, P. W. Situated in Chak No. 67/JB of Police Station, Thikriwala. F. I. R. Is statement Exh. P. B. Of Muhammad Ramzan, P. W. 5 before Imdad Hussain, A. S. I. P. W. 11 recorded at Adda of Chak No. 67/JB at 2-3J p.m. On the basis of statement Exh. P. B. Formal F. I. R. Exh. P. B/1 was registered at 2-50 p.m. On the same day by Lal Hussain, H. C. P. W. 2, The distance between the place of occurrence and the police station is 4 miles.
3. The prosecution case is that Muhammad Sadiq, applicant is cousin of Muhammad Ramzan, P.W.5 The appellant had demanded the hand of Mst. Razia P. W. 3 daughter of Muhammad Ramzan P. W. 5 but deceased had seriously opposed this demand and as such the appellant became annoyed with her. It has been alleged that at the fateful time Mst. Marrayyam deceased and her son Arshad aged about 15/16 years (given up P. W.) were sleeping in a deorhi while Mst. Sabiran P.
W. 6, Mst. Razia P. W. 9, were sleeping in the adjoining room, Muhammad Ramzan P. W. 5, was also sleeping in a separate room an the sane house, The appellant entered the house. He took up Toka Exh. P. l from there whereupon Mst. Sabiran P. W. 6 saw him picking up the toka. She raised alarm which attracted Muhammad Ramzan P. W. 5, Mst. Razia P. W. 9 and Muhammad Ali P. W. 10 to the spot and in their presence the appellant inflicted toka blow on the neck of the deceased. Mst.
Marrayyam expired within few minutes of the infliction of the injuries, Muhammad Aamzan P. W. 5 and Muhammad Ali P. W. 10 apprehended the appellant on the spot and snatched toka Exb. P. 1 from him. They pushed him in a room and closed the shutters. Jewan P. W. 4 who was a Chowkidar had also reached the spot. The toka Exb. P. 1 was handed over to him, the appellant was also given in his custody. Muhammad Ramzan P. W. 5, then left for the police station to lodge the report. On his way to the police station he accidentally met Imdad Ali, A. S. I. P. W. 11 at the Adda and made statement Exh. P. B. Before him. Imdad Ali, A. S. I. P. W. 11 after recording the statement Exh. P. B. Went to the spot. He reached there at 3-00 p.m. Took into possession the blood-stained earth from the deorhi and arrested the appellant who was produced by the witness; Jewan P. W. 4 Chowkidar produced toka Exh. P. 1 before him which was taken into possession vide memo. Exh. P. D. Attested by Jewan and Muhammad Ali P. Ws. The Serologist's Report Exh. P. K. Indicates that Toka Exh. P. 1 was stained with human blood. The dead body was des--patched to the mortuary for post-mortem examination.
4. Dr. Abdul Halim Sahota, P. W. 7, performed the post-mortem exami--nation on 14-5-1978 at 8-JO a.m. And found the following injury on her person : ---Incised wound 10 c. m. x bone on the left anterior of neck. 2 c. m. Of the wound was situated on the right to mid line. Rest 8 c. m. Was found on the left side.--- In the opinion of the doctor the death was due to shock and haemorr--hage caused by the injury which was sufficient to cause death in the ordinary course of nature. The injury was ante-mortem and caused by sharp-edged weapon. The probable time between injury and the death was within a few minutes and between death and post-mortem was about 18 hours.
5. In order to prove its case the Prosecution as many as 11 witnesses. Muhammad Ramzan P. W. 5, Mst. Sabiran P. W. 6, Mst. Razlj P. W. 9 and Muhammad Ali P. W. 10, gave the ocular account of the occuf--rence. Mst. Sabiran P. W. 6 has stated that the appellant entered into the house, he took up Toka Exh. P. 1 from the house, she became suspicious, is appellant was asking for the hand of Mst.
Razia and the deceased was agreeing to it, she raised alarm which attracted the inmates of the of the house and Muhammad Ali P. W.
10. The appellant inflicted Toka blow on the right --side of the neck in her view. The other eye-witnesses mentioned above have corroborated her and have claimed to have witnessed the infliction of toka blow by the appellant on the neck of the deceased.
Jewan P. W. 4 who w: the Chowkidar, has stated that on bearing the alarm, he went to tit- place occurrence and round MO. Marrayyam lying murdered, He father state that the appellant was given in his custody by Muhammad Ramzan P. W. 5, he was also given blood-stained toka.
Muhammad Ramzan P. W. 5 then left for the police station. He further stated that on the arrival of the police, be produced the appellant and blood-stained toka before the police. Imdad Hussain, A.
S. I. P. W. 11 has stated that the appellant was apprehended by the witnesses in the deorhi and was produced before him by the witnesses and he arrested the appellant. He has further stated that blood-stained toka Exh. P. 1 was produced before him by Jewan P. W.
4. The evidence of the other witnesses is more or less of formal nature.
6. The appellant when examined under section 342, Cr. P. C. Denied the incriminating circumstances. In answer to the question as to why this case against him, he stated as follows "A day before the occurrence Ramzan P. W. Brought me from my chak on the pretext that he would procure me work on the power-looms of Haji Ali Muhammad. On the eventful day I was sleeping in the room with Ramzan. I woke up on hue and cry and came to know that Mst. Marayyam had been murdered, All the inmates of the house conspired. Shut me to the room and on arrival of police produced me. I have been falsely implicated. Mst. Marrayyam was a woman of bad character.
Ramzan P. W. Is also man rat bad character and he was maintaining illicit relations with Mst.
Sabran P. W. Ramzan and Mst. Sabran have got murdered fist. Marrayyam and I have been falsely involved.---
7. Since this is an appeal through jail, I have gone through the record with the assistance of the learned counsel for the State. He has pointed out some infirmities in the evidence and stated that the motive was doubtful inasmuch as the appellant being the first cousin of the complainant was not expected to demand the hand of Mst. Razia P. W. Who was aged. 15/16. Years especially when he was already a married persons.
8. I have gone through the record and have appreciated the evidence in accordance with the guiding principles laid down by the Superior Courts for the appreciation of such like cases. I find that it is a case of prompt F. I. R. The F. I. R. Appears to be a genuine document. The defence has not been able to show that it was not prepared at the place and time as it purports. Muhammad Ramzan P. W. 5, Mst. Sabiran P. W. 6 and Mst. Razia P. W. 9 being the inmates of the house, where the occurrence had taken place, appear to be the natural witnesses of the occurrence. They were cross-examined but nothing adverse could be elicited. Muhammad Ali P. W. 10 is independent witness. He has supported the other eye-witnesses on all material particulars, Jewan P. W. 4 is also an independent witness. He has supported the private arrest of appellant by the witnesses at the spot and the recovery of blood-stained toka Exh. P.
1. He was not cross-examined at all and this omission may tantamount to admission of his statement. When Imdad Hussain P. W. I 1 went to the spot he found the appellant having been apprehended by the witnesses. The appellant was produced before him. This aspect of the case was not seriously challenged in cross-examination. It is not the case of the appellant that he was arrested from a place other than the spot. For these reasons I am inclined to hold that the prosecution evidence is worth reliance and it has inspired confidence in my mind. As for the plea taken by the appellant the same does not stand supported by any direct or circumstantial evidence. He is admittedly the first cousin of Muhammad Ramzan P.
W. 5, complainant. It was a day time occurrence. He was apprehended on the spot. He has failed to lay down any foundation for this substitution for the real culprit. There is nothing on the record to show that Mst. Marrayyam was a woman of bad character or that Muhammad Ramzan complainant was having illicit relations with Mst. Sabiran P. W. And as such the plea raised by the appellant is devoid of force.
As for the contention raised by the learned counsel I find that the appellant is aged 22 years and there was nothing improbable or unnatural for him to demand the hand of 41st. Razia aged about 15/16 years. The alleged motive has been fully supported by Muhammad Ramzan P. W. 5, Mst.
Sabiran P. W. 6 and others.
For what has been stated above, there being no force in this appeal, the same is hereby dismissed.
The conviction and the sentence awarded to the appellant is maintained. The appellant shall be informed accordingly.