' Appellant Anwarul Haq alias Anwar son of Hamid Ali aged 24 years had been convicted under section 304, Part I and sentenced to life imprisonment and a fine of Rs, 5,000 in default thereof to suffer two years' R. I. By Ch. Nafees Ahmad Bajwa, Additional Sessions Judge, Faisalabad vide order dated 21st January, 1979.
2. The occurrence in this case took place at khuftanwela on 10th November, 1975 in the house of the deceased and the appellant in Chak No, 423-J. B., P. S. Gojra, District Faisalabad.
3. The mother of Anwarul Haq died. His father Hamid Ali (who, during the days of occurrence) was serving as A. S.-I. Police contracted a second marriage with Maqsood Bibi deceased from whom he had sonic issues. Hamid Ali had a daughter and three sons including the appellant from his first wife. Mst. Magsood Bibi was residing in Hamid Ali's house in village 423-J. B. Alongwith his step-sons and daughter including the appellant. The appellant and Maqsood Bibi deceased could not pull on cordially and their relations became strained 2/3 months prior to this occurrence.
4. Waris Ali P. W. 6 brother of Mst. Maqsood Bibi deceased went to see Hamid All at Kamoki, District Gujranwala where he was posted as A. S.-I. On 6th October, 1975. Mst. Maqsood Bibi deceased was also present in Kamoki. She told her brother Waris All that 3/4 days prior to the occurrence, Anwarul Haq appellant quarrelled with her in village and he threatened to kill her and that feeling apprehension she has come to reside with her husband at Kamoki. On the following day, Waris Ali took Maqsood Bibi deceased in consultation with Hamid Ali to Chak No, 4234. B. And on the next day got a compromise effected between Mst. Maqsood Bibi and Anwarul Haq. Waris All P. W. 6 stayed on in Chak No, 4234. B. On the day of occurrence, i. e. 10th November, 1975 at about evening time Maqsood Bibi was sitting near the hearth along with Mst. Shafqat Bibi, sister of the appellant.
The appellant demanded milk from the deceased. On the refusal of the deceased Mst. Maqsood Bibi, the appellant quarrelled with her and went out of the house. He returned at khuftanwela, picked up an iron bar and shouting on the deceased that he was sick of his life and he will kill her, struck the iron bar on her head. She fell down. The appellant gave her another blow on her neck.
Mst. Shafqat Bibi and Waris Ali P. W. 6 tried to intervene. The appellant threw the iron bar there and ran away. The occurrence was seen by Waris Ali P. W. 6, Mst. Shafqat Bibi P. W. (not produced), Akhtar Ali P. W. 8 and Iftikhar Ahmad P. W.
9. Akhtar Ali P. W. 8 and Iftikhar Ahmad P. W. 9 had reached the spot on having heard the noise. Mst.
Maqsood Bibi died on the spot.
5. Waris Ali proceeded to the Police Station Gojra. When he reached Bus Stand of village Dulum, he learnt that some Police Officer was present at Chak No, 432. He proceeded to Chak No, 432 where Muhammad Feroze Khan S.-I. P. W. 11 was present. Waris Ali P. W. 6 made a statement Exh. P. C.
Which was recorded by Feroze Khan S.4. P. W. 11 who sent the same for registration of the case to the Police Station Gojra on the basis of which formal F. I. R. P. C./I was recorded by Zakaunah Moharrir H. C. P. W.
4. Muhammad Feroze Khan S.-I. Went to the spot. He examined the dead body of the deceased and prepared the injury statement Exh. P. K. And inquest report Exh. P. E./1 and sent the dead body for post-mortem examination in the custody of Muhammad Habib F. C. During the inspection of the spot he took into possession blood-stained earth from the place of occurrence and sealed the same into parcel vide Memo. Exh. P. H. He also took into possession iron bar P. 3 which was lying on the place of occurrence and secured the same vide Memo. Exh. P. J. Both these memos. Were attested by Mushtaq Ali P. W. 10 and Muhammad Ali P. W. (not produced). He recorded the statements of P. Ws., effected the arrest of the appellant and after necessary investigation submitted the challan in the Court.
6. The accused was challaned under section 302, P. P. C. He pleaded not guilty. The prosecution in its support produced 11 witnesses. Mst. Shafqat Bibi eye-witness, sister of the appellant, was given up as having been won over.
7. The case mainly rests on the eye-witness account furnished by the evidence of Waris Ali P. W. 6, Akhtar Ali P. W. 8, Iftikhar Ahmed P. W. 9, evidence of motive furnished by Waris Ali P. W. 6 and the medical evidence. The weapon of offence was not recovered at the instance of the appellant. The iron bar which was taken into possession from the place of occurrence was not blood-stained and as such is Of no consequence.
8. Waris Ali P. W. 6 brother of the deceased has stated that Mst. Maqsood Bibi, his sister was married to Hamid Ali A. S.-I. Father of the appellant after the death of the mother of the appellant. Hamid Ali had children from Mst. Maqsood Bibi deceased also. She was residing in the native house of Hamid Ali in Chak No 423-J. B. Alongwith her stepchildren including the appellant. The relations between the deceased and the appellant became strained some time before the occurrence. When he went to Kamoki on 6th November, 1975 to see Hamid Ali A. S.-I. Who was posted there, he found Mst.
Maqsood Bibi there, who told him that the appellant had quarrelled with her 2/3 days back and threatened that he will kill her and that apprehending danger she had come to reside with her husband at Kamoki He has further stated that he brought Mst. Maqsood Bibi back to Chak No, 423-.I. B. On 7th November, 1975 and got a compromise effected between the appellant and Mst.
Maqsood Bibi. The appellant had complained that he was sick of the treatment of the deceased with him. On 10th November, 1975 at evening time, the appellant demanded milk from the deceased when she was sitting near the hearth alongwith Mst. Shafqat Bibi, sister of the appellant.
She refused, saying that he had already taken milk and the small quantity left is required for use in the tea. The appellant started quarrelling. Waris Ali P. W. Tried to reconcile them but Anwarul Haq went out of the house. It is further stated that after some time he returned and picking up iron bar P. 3 from the room raised a lalkara that he is sick of his life and that he would kill Mst. Maqsood Bibi and in spite of intervention of Waris Ali P. W. 6 and Mst. Shafqat P. W. (not produced) he gave a blow with iron bar on the head of Mst. Maqsood Bibi who fell down. The appellant gave a second blow with the iron bar on her neck. Akhtar Ali P. W. 8 and Iftikhar Ahmad P. W. 9 had also reached the place of occurrence in the meantime and witnessed the occurrence. Mst. Maqsood Bibi died on the spot and the appellant ran away after throwing there, iron bar. Akhtar Ali P. W. 8 and Iftikhar P. W. 9 have also corroborated the eye-witness account of the occurrence given by Waris Ali complainant P. W.
6.
9. Dr. Muhammad Latif, Medical 'Officer, P. W. 1 conducted the post-mortem examination of the deceased and found the following injuries on her person :- "(1) A contusion 3" x 1" on the frontal region on middle part of the head.
(2) A contused swelling 2" x 1" on the occipital region of head.
(3) A contusion mark on the back of the neck measuring 3" x 1".
10. On opening the skull, he found fracture of the middle of the occipital bone, fracture in the middle of the whole frontal bone and fracture and dislocation of the 4th and 5th vertebrae joint of neck.
Tissues on the frontal and occipital were blood-stained. According to him, the death resulted due to injuries Nos. 1 to 3. Injury No, 3 alone was sufficient to cause death in the ordinary course of nature. The injuries were ante-mortem. Mushtaq Ali P. W. 10 has stated that iron bar P. 3 was taken in possession from the spot in his presence. The other recovery witness is Muhammad Feroze Khan S.-I. P. W.
11. The plea of the appellant before the trial Court was that he has been falsely involved due to enmity. According to him the deceased had died by fall from the roof the house. He produced four D. Ws. Each of the D. Ws. Has stated that he reached after the occurrence and found Mst. Maqsood Bibi dead and heard some people talking that she had a fall from the roof. Their evidence is hearsay and as such is of no consequence. Even the learned counsel for the appellant has not laid any stress on the defence evidence.
11. Learned counsel for the appellant has argued that Waris All P. W. 6 is not resident of this Chak. He is real brother of the deceased. He has not seen the occurrence and he has wrongly claimed to have seen the occurrence. It is argued that Akhtar Ali P. W. 8 and Iftikhar Ahmad P. W. 9 have by themselves stated that they were sitting in the baithak of one Muhammad Ali who has neither been named as witness nor produced. The contention of the learned counsel is that they also have not seen the occurrence and have been named as P. Ws. Because of some enmity with the appellant.
12. Waris Ali P. W. 6, no doubt, is real brother of the deceased, that rather is the plausible explanation of his being in the house at the time of occurrence. According to him he had gone to Karachi where after having learnt that Mst. Maqsood Bibi and the appellant had quarrelled, had brought her to the place of occurrence to effect a compromise between the two. In fact he had succeeded in getting a compromise effected. There is every likelihood that he thought it proper to stay on with his sister to see that his sister and the appellant start getting together smoothly. I do not find any force in the contention of the learned counsel that his presence is improbable. No enmity has been suggested with Akhtar Ali P. W. 8 and Iftikha Ahmad P. W.
9. They have not stated anywhere that they were sitting with Muhammad Ali. Their contention is that they were sitting in his baithak. The baithak of Muhammad Ali is very close to the place of occurrence and it would be quite natural to have reached the place of occurrence. The non- production of Mst. Shafqat Bibi is not unnatural. She has been given up as having been won over, it was hardly expected that if she appears, she would speak against her brother. The eye-witness account of the complainant is quite convincing. The complainant is supported by independent P.
Ws. The medical evidence also corroborates the account of the eye-witness. The father of the appellant was serving in the Police Department as A. S. -I. There is no allegation that the appellant had strained relations with him. He was rather keeping his second wife in the village, naturally, for the benefit of his children from the previous wife. He would not have allowed his son to be falsely involved. There is no reason that the appellant would be involved in such a heinous offence of murder falsely. In the circumstances I am convinced that the prosecution has bee able to prove the case against the appellant beyond any shadow of doubt. His appeal is rejected and conviction is upheld.
13. After having argued the case on merit, the learned counsel had made submissions that even if the prosecution version is accepted, the sentence awarded by the learned trial Court is excessive in the circumstances of the case. This is the case of a frustrated young man whose real mother is dead and who is living with his step-mother alongwith his other two real brothers and a sister. He had been keeping good relations with her and differences arose only 2/3 months before the occurrence. The fact that Mst. Maqsood Bibi was also mother of three kids shows that they were living together since quite a few years. Even on the day of occurrence he left the house after having quarrelled with her step-mother Mst. Maqsood Bibi deceased. The quarrel was also on a very petty matter. He had not returned to the house after making any preparation for committing the murder. On sudden flare up of mind, he picked up an iron bar, struck his stepmother. It was a family duarrel. The circumstances call for mitigation in the sentence. Taking into account all these facts, the sentence of imprisonment for life is reduced to that of ten years' R. I. The sentence of fine is also reduced to Rs, 2,000 in default to suffer six months'
R. I.
14. The appellant shall also be given benefit of the provisions of section 382-B, Cr. P. C. The time spent by him in jail after arrest shall be counted towards sentence already undergone.