ABDUL HAMID, J.-Farid, aged 25 years, has been sentenced to death under section 302 of the Pakistan Penal Code, for having committed the murder of his wife Mst. Bhairo, on 8th May 1964, at about one pehar after sun rise (about 8 a.m.) at Chah Gole Wala, situate in the area of mauza Dhora Hajana, Police Station Jampur. The condemned person has filed appeal against his conviction and sentence. The case is also before us under section 374, Cr. P. C. For confirmation of death sentence imposed on the appellant. This order will dispose of the appeal as well as the reference.
2. The facts of the prosecution case are briefly these Mst. Bhairo, deceased, was the wife of Farid, appellant. On the fateful day i.e. 8th May 1964, at about 8 a. m. Hazari (P. W. 8) a brother of Mst.
Bhairo, deceased, went towards the house of his sister to fetch water. As soon as he reached near the well, he heard the cries "mer gia-mer gia" emanating from inside the house of his sister. Ahmad Bakhsh P. W. Who was irrigating the field nearby, was also attracted to the spot on alarm. Both of them then entered the courtyard of the house of the appellant and (found the latter coming out of his residential kotha with blood-stained Kulhari Exh. P.
1. Seeing the witnesses approaching, the appellant threatened them with dire consequences in case they tried to come near him.
Thereupon, Ahmad Bakhsh caught hold of him from behind while Hazari P. W. Snatched the hatchet Exh. P. 1 from his hand. The appellant was, therefore, overpowered and pinched. Thereafter, Hazari and Ahmad Bakhsh went inside the kotha and saw Mst. Bhairo, deceased, lying on the ground unconscious. On inquiry, the appellant told them that his wife Mst. Bhairo had liaison with his brother, Karima and that when he (the appellant) questioned his wife about it, she flared up and started abusing him whereupon he got enraged and killed her with the kulhari Exh. P. 1.
3. Hazari and Ahmad Bakhsh then took the appellant to the Police Station Jampur, situate at a distance of four miles from the scene of crime and lodged the report Exh. P. H. At 11 a.m. They also produced the appellant as well as the blood-stained hatchet Exh. P. 1 before the Sub-Inspector. The hatchet was made into a sealed parcel vide memo. Exh. P. J. Later, the serologist reported that the origin of blood on the hatched could not be determined due to disintegration.
4. Ch. Nazir Ahmad Khan, Sub-Inspector P. W. 10 after recording the report Exh. P. H. Reached the spot and found Mst. Bhairo, deceased, lying injured in a kotha. He accordingly, prepared her injury statement Exh. P. Q. And sent her to civil hospital Jampur, for treatment.
5. Dr. M. A. Rafi Medical Officer, Civil Hospital, Jampur examined Mst. Bhairo on 8th May 1964, at 4 p.m. And found three incised wounds on her person. She, however, remained unconscious till her death. Mst. Bhairo, deceased, succumbed, to her injuries on 14th May 1964, at 7-45 p.m. In the hospital i.e. After about six days of the occurrence.
On the 15th May 1964 at about 7 a.m. The same doctor conducted the autospy on the dead body of Mst. Bhairo and found the following injuries-thereon:-
(1) A raw wound 4-- brain cutting deep on the left side of face and temporal region. The extent of wound was from Maxallary sinus, passed near the lateral margin of eye-brew and went to the back of temporal region, Maxallary sinus the frontal and temporal bones were cut. Direction was oblique.
Temporal lobe of brain was injured and lacerated 1-- " deep.
(2) An incised wound 5" brain deep on centre of vault longitudinal. The parietal bones were cut.
Fracture went to the frontal hone. Membrance were cut. Brain was lacerated 1-- " deep.
(3) An incised wound 2--" brain deep on the top of right parietal region 5 to 11 o'clock direction parietal bones were fractured. Brain was lacerated 1" deep.
Death in the opinion of the doctor had occurred due to shock and haemorrhage as a result of brain injuries Nos. 1, 2 and 3. According to the doctor all the three injuries were individually fatal in the ordinary course of nature. The doctor added that all the injuries had been caused by a sharp- edged weapon.
6. The appellant pleaded not guilty to the charge. While admitting that he had committed the murder of his wife Mst. Bhairo, he made the following statement at the trial: "I am a grazier of cattle and have two brothers. I had a quarrel with my brothers and was living separately from them. On the day of occurrence, I had returned to my house at about 1-- pihar din chharreh when I was feeling hungry and thirsty. When I reached home, I saw in my kotha Karima my brother in flagrante delicto with my wife Mst. Bhairo, Karima escaped but losing power of self- control, I inflicted a blow at Mst. Bhairo.I had no intention to kill her as I have my own children."
He however, produced no defence.
7. As noted above, the 'appellant was caught red-banded ` with the hatchet Exh. P. 1 shortly after the occurrence. None, however, had seen him committing the murder. Hazari and Ahmad Bakhsh P.
Ws. Who overpowered the appellant, have stated that on inquiry the appellant had told them that he had killed his wife because she had started abusing him when he had questioned her about her illicit intimacy with his brother, Karima.
8. Mirza Abdul Ghaffar (P. W. 7) who is a Zamindar o the locality, deposed that a week prior to the occurrence the appellant had repaired to his dera and had informed him of the illicit intimacy of his wife with his brother, Karima. He had also requested him to stop Karima from carrying on liaison with his wife. It is, therefore, clear from the evidence of Mirza Abdul Ghaffar that the appellant suspected his wife, namely, Mst. Bhairo, deceased, of having illicit connection with his brother, Karima. The statement of Hazari and Ahmad Bakhsh also shows that the appellant straightaway admitted before them having killed his wife because she had abused him when he had questioned her about her liaison with his brother, Karima. ' In these circumstances, we are of the opinion that the ends of justice would be met if the sentence of death is altered to transportation for life.
Needless to add that the appellant has not been able to establish that he killed his wife on finding her in a compromising position with his brother.
9. For the reasons stated above, we maintain the convic--tion of the appellant under section 302 of the Pakistan Penal Code, but reduce the sentence to transportation for life. Except the above modification in sentence, the appeal is otherwise dismissed. The sentence of death is not confirmed.