MIAN BURHANUDDIN KHAN, J.-Appellant Rehmat A.I, aged 35, resident of Dera Kundan Singh, Chuharkana, District Sheikhupura was tried by the learned Additional Sessions Judge, Shaikhupura under section 302, P. P. C. For committing the murder of Mst. Inayat Bibi wife of Muhammad Yusuf, aged about 49 by stabbing her with a chhuri Exh. P/1 on 14-8-1975 at about 2-25 p.m. In the limits of Dera Kundan Singh. He was convicted under section 302 and was sentenced to death and a fine of Rs. 6,000 or, in default, to undergo R.1. For further six months. Amount of fine, if realized, was ordered to be paid as compensation to the legal heirs of Mst. Inayat Bibi under section 544-A, Cr. P. C.
2. Rehmat A.I, appellant, filed an appeal against his conviction and sentence in the Lahore High Court. His appeal and Murder Reference was heard by a learned Bench of the Lahore High Court which dismissed his appeal and confirmed the death sentence awarded to him by the trial Court.
3. According to Sher Muhammad P. W. 9, real brother of Mst. Inayat Bibi deceased, he was present, on the day of occurrence, at Dera Kundan Singh and had taken cattle for grazing at tube-well No.
216. He was sitting in the shadow of a tree near the tube-well about two Killas away Mst. Inayat Bibi deceased was grazing a cow at deegar Wala when he heard an up roar and saw the deceased grappling with Rehmat A.I appellant. She was trying to get herself released from the grips of the accused/appellant. He ran towards them and was at some distance when the accused took out a churi from his trouser fold and attacked the deceased with it. The deceased, however, got herself freed from the grips of the accused and ran for her life. The accused chased her and overtaking her, caught hold of her hairs, threw her on the ground and sat over her chest and gave more blows at the neck of the deceased as well as on her arms and other parts of the body. He raised hue and cry which attracted Muhammad Yusuf (not produced) and Mubarik A.I P. W. 10 and they also witnessed the occurrence. The accused, after causing injuries to the deceased, stood up and raised a lalkara to the effect that he had avenged the insult of his mother caused by the deceased.
On coming near the deceased the witness found her dead. He, therefore, proceeded to the Police Station, Chubarkana and lodged the report Exh. P. A.
4. Mubarik A.I, P. W. 10 also supported the prosecution case and gave ocular account of the occurrence. He happened to be in his dera shown in the site plan at Killa No. 488 while the occurrence took place in Killa No. 489.
5. Dr. Manzoor Hussain Kazmi, P. W. 1 who conducted the post--mortem examination observed large number of incised wounds on the dead body of Mst. Inayat Bibi, out of which Injury No. 1 was an incised wound 3" x 2 -- on the left side of the neck, cutting trachea at the middle of the neck which cut through the big blood vessels of the left side of the neck; Injury No. 2 an incised wound 3 - - x 3" on the right side of the neck also cutting through the trachea and big blood vessels ; Injury No. 10 was an incised wound 3" x 3" on the left hypochondrium of abdomen 6 -- below the left nipple and large gut is protruding through the abdominal wound ; Injury No. 14 was an incised wound 2' x 3/4' which was 3" below and behind the right nipple cutting the space between 5th and 6th rib going 1 -- in the right lobe of liver. According to the doctor, these injuries were dangerous to life. He also found that Injury No. 7 an incised wound cutting the thumb side prominants of left hand dislocating the proximal joint of thumb and Injury No. 20 an incised wound 2 -- x 2" cutting the muscles, skin and fascia of palmar surface of right wrist joint dislocating the joint as grievous, while rest of the injuries were found to be simple vide post-mortem report Exh. PB/l.
6. The case was investigated by Muhammad Asghar, S. H. O., P. S. Chaharkhana (P. W. 11). Motive, furnished by Sher Muhammad P. W. 9 real brother of the deceased is that in Dera Kundan Singh, a drain runs from the house of the accused by the wall of the kotha of Muhammad Yusuf, sister's son of the witness. About 12/13 days before the occurrence Mst. Rahmatay mother of Yusuf and Mst.
Inayat Bibi deceased on the one side and Mst. Fazal Bibi mother of the accused/appellant quarrelled over the said drain wall which caused damage to the wall of Yusuf's kotha, and they abused one another. Mst. Inayat Bibi had also objected to the flow of drain water near Yusuf's kotha where she was also residing as she had been turned out by her husband long ago within just few days of her marriage.''
7. Leave was granted in this case vide order of the Supreme Court dated 1-1-1980 to consider the question of sentence awarded to the accused appellant.
8. Learned counsel has not seriously challenged the veracity of the statements of the eye- witnesses. Sher Muhammad, P. W. 9, brother of the deceased, had no personal enmity with the accused. Mubarik A.I, P. W. 1 was in his dera at Killa No. 488 and the occurrence took place in Kill No.
489. The deceased was stabbed at Point No. 1 while her body was found lying at Point No. 2 in the east-south of the Killa, in the plan. Blood s was found at both these points and blood-stained earth was taken from there by the Investigating Officer. We finding nothing in the statement of Mubarik A.I which could have been termed as personal motive to depose against the accused/appellant.
His statement is the most damning statement and cannot be ignored in the circumstances of the case. Though the defence has made abortive attempts to make it a case of grave and sudden provocation but has miserably failed to establish any such provocation.
9. The accused/appellant in his statement has, however, made fantastic assertions i.e. That he was the only literate person in his family ; and had complained against Bashir and Zulfiqar who got allotted Auqaf property irregularly. As both Bashir and Zulfiqar are influential persons, he fell victim to the party faction. These two persons Bashir and Zulfiqar have appeared as P. W. 7 and P. W. 8 regarding recovery of chhuri Exh. P. 1 at the instance of the accused/appellant and his blood- stained clothes.
10. Learned counsel for the accused/appellant then contended that in the instant case the prosecution has failed to establish the motive for the commission of the crime as neither the Investigating Officer had seen any drain causing damage to the house of Yusuf, sister's son of Sher Muhammad, P. W. 9 and that of the deceased; nor Yusuf was produced to make statement to this effect. He was given up by the prosecution as unnecessary though he was a witness to the motive against the accused. He referred to the statement of the Investigating Officer where he has stated "I had not been that drain regarding which there was a dispute between the parties, I did not examine Mst. Rehmat Bibi. In addition to Yusuf, P. W. Murad A.I and Abdul Ghani were not cited as P.
Ws. In this case."
Sher Muhammad, P. W. 9, when questioned during the cross-examination has stated "We had pointed out the aforesaid drain to the police. The police also saw the water pump of the accused . . . . .
It is correct to say that at the time of causing chhuri injuries to the deceased the accused was in such `Josh' (excitement) . . . . ."
11. We have considered the contentions raised by the learned counsel regarding the motive. It appears from the record that the prosecution ha not been able to establish the alleged motive for the crime. Therefore, it appears that before the accused/appellant opened the attack, there was a exchange of harsh words between the accused and the deceased for the latter having insulted his mother. Hence, we are of the opinion that the accused/appellant attacked the deceased in the beat of moment and as such " we consider that life imprisonment would meet the ends of justice.
W order accordingly. The fine imposed by the trial Court is maintained which, if realized, total Rs.
56,C00 shall be paid to Sher Muhammad, brother o the deceased, and her husband Yusuf would not be entitled to get any compensation because he had turned her out of his house and had not looked after her till the time of her death. With this observation this appeal is disposed of.