' Ahmad Ali was tried under section 302, P.P.C. For the murder of his wife Mst. Sher Bano, deceased, by the learned Sessions Judge, Sahiwal, who convicted him under the said section and sentenced him to imprisonment for life and to pay a fine of Rupees three thousand (Rs,3,000.) or in default thereof to suffer further rigorous imprisonment for one year. The fine, if realized was ordered to be paid to the heirs of Mst. Sher Bano, deceased, as compensation. The Jail appeal of Ahmad All convict is now before me for disposal.
2. The prosecution case in brief is that Ahmad Ali, accused, used to reside with his wife, Mst. Sher Bano, deceased, at Chah Togerala in the area of Chak No, 47/D Tehsil Depalpur, District Sahiwal.
Mst. Sakina P.W. 2, the sister of the deceased, also resided with them, along with her husband Sarwar P.W.
8. Ahmad Ali, accused, suspected that his wife, Mst. Sher Bano, deceased, had developed illicit intimacy with Sarwar P.W.
8.
On 9-8-1978 at about one Pehr of the day after sunrise, Mst. Sakina P.W. 2 and Mst. Sher Bano, deceased, were present at their house. The former was cleaning utensils at the water tap, whilst the latter was sitting on a cot. Suddenly, the accused came there holding a Kassi in his hands. He immediately declared that he had arrived and would kill the deceased. Upon hearing this, Mst.
Sakina P.W. 2 raised alarm, upon which Sayee Khan P.W. 5 and Murad 3 ran towards the spot. In the meantime, the accused started giving blows on the head of the deceased with the back side of his Kassi. The deceased fell down and died at the spot. Sayee Khan P.W. 5 and Murad P.W. 3 stepped forward and caught hold of the accused, alongwith his bloodstained Kassi. Mst. Sakina P.W. 2 then left them to watch over the dead body and to keep guard over the accused and herself proceeded to Police Station Depalpur where she lodged F.I.R. Exh.P.B at 11.00 a.m., which was recorded by Mr. Gul Muhammad A.S.I.
3. The Investigating Officer then proceeded to the spot, where, after preparing the necessary papers, he sent the dead body of the deceased for post-mortem examination. He arrested Ahmad Ali, accused, who was produced before him by Sayee Khan P.W. 5, alongwith his blood-stained Kassi P.4. The said Kassi was taken into possession vide memo. P.C., in the presence of Murad P.W.3, Sayee Khan P.W.5, Gul Muhammad A.S.I. P.W.10 and Sayee Khan son of Pathana (won over P.W). The Chaadar P.5 and shirt P.6 of the accused, which were blood-stained, were taken into possession by the Investigating Officer vide memo. P.D. In the presence of Murad P.W.3 and Sayee Khan P.W.S. The blood-stained earth recovered from the spot was also taken into possession vide memo. P.E.
4. The earth recovered from the spot and the Kassi P.4, Chaadar P.5 and shirt P.6 of the accused, which were recovered from him, were all found to be stained with human blood.
5. After completing the necessary investigation, the challan against the accused was sent up for the trial.
6. At the trial, the prosecution produced Mst. Sakina P.W.2 to prove the motive, the said lady and Murad P.W.3 and Sayee Khan P.W.5 in support of the ocular account, Murad P.W.3, Sayee Khan P.W.5, Gul Muhammad A.S.I. P.W.1O in support of the recoveries and Dr. M.A. Rauf Bhatti P.W.1 to corroborate the medical testimony.
7. The accused denied all the accusations that were levelled against him, including the Kassi and his blood-stained clothes that were recovered from his person at the time of his arrest. He, however, admitted having killed his wife, Mst. Sher Bano, deceased, at the spot in instance with a Kassi, but in different circumstances. In his statement under section 342, Cr.P.C. He gave his version as follows:- "On the day of occurrence I had gone to irrigate my paddy fields in the morning. At about one Pehr of the day after sunrise, I returned to my house holding a Kassi in my hand. I saw that my wife was not present in the compound of our house. I also noticed that shutters of the door of my room were closed. I became curious and opened the shutters. I abruptly saw that the deceased and P.W.
Sarwar husband, of my sistet-in-law Mst. Sakina P.W., were lying in a compromising position in that room. I was gravely and suddenly provoked and proceeded towards them. I wanted to kill them, but P.W. Sarwar managed to escape. The deceased had also run out of the room. When she reached in the compound of our house, I overtook her and started to give her blows with Danda, which I had picked up from there, under "Ghairat" and because I could not control myself, she died at the spot. Nobody else was present at the time of occurrence. Even Mst. Sakina was also not there, as she had gone to the house of her relatives. I then threw away my Danda at the spot and remained there till the arrival of the police. When the police came, I voluntarily appeared before them. I am innocent."
' The learned trial Judge, relying upon the motive, the ocular account, the recoveries and the medical testimony, convicted and sentenced the accused, as stated in para. 1 above.
8. This is a Jail appeal. Mr. Aziz Qurashi, Advocate, has appeared for the State. With his assistance, the oral and the documentary evidence has been examined. Information received from the Superintendent, Central Jail, Sahiwal, through office, shows that the appellant has died. His appeal, therefore, as against his sentence, abates. However, since there is a sentence of fine, the appeal will have to be decided in order to determine whether the fine must be maintained or not.
9 The occurrence is admitted by the appellant. The place and time of occurrence and the weapon used are also admitted. The only question that calls for determination is whether the appellant cold-bloodedly killed his wife, as alleged by the prosecution, or killed her in circumstances as detailed by him in his statement under section 342, Cr.P.C., as recorded in para. 7 above. The case of the prosecution is supported by Mst. Sakina P.W.2, the real sister of the deceased, and Murad P.W.3 and Sayee Khan P.W.5, who are totally disinterested witnesses. The occurrence took place in the month of Ramazan and the presence of Mst. Sakina P.W.2 at her residence at about 7.00 a.m to 8.00 a.m. In the morning cannot, therefore, be rejected. She had no business to be away from her home at that time. Her presence is also corroborated by Murad P.W.3 and Sayee Khan P.W.5, who are totally independent witnesses and belong to a different caste from that of the deceased. If Mst.
Sakina P.W.2 was present at her house in respect of which I have no doubt, the question of her husband Sarwar P.W.8 indulging in immoral relations with Mst. Sher Bano, deceased in the same precincts and being surprised by the deceased, does not arise. It is the appellant's case that none of the three eye-witnesses saw the occurrence, which fact is denied by each of them. Murad P.W.3 and Sayee Khan P.W.5 have no enmity with the appellant. Even the appellant has not suggested any. If the occurrence had taken place in the manner suggested by the appellants, these two witnesses would have been the first persons to have come forward to make a lot of concessions in favour of the appellant in their cross-examination. The attitude of villagers to support and praise murder committed for "ghairat" is too well-known to require any further reference. The fact that these two independent witnesses supported the prosecution case to the hilt and did not make any concessions in favour of the appellant, clearly shows that the appellant murdered his wife in cold blood. In fact no questions were even put to these two witnesses, on behalf of the appellant, to suggest that the appellant had committed the murder in the circumstances as detailed by him or on account of "ghairat". There is nothing in the evidence to support the story put forward by the appellant. Taking all circumstances into consideration, it is clear that the appellant murdered his wife in cold blood and the story put up by him in his defence is untrue and in any case not reasonably supported by the evidence on A the record. It appears that the appellant has been properly convicted and sentenced. The fine, therefore, shall have to be maintained.
9. For the foregoing reasons, this appeal, as regards sentence, abates and, as regards fine, is dismissed. The fine shall be recovered under law and, if so realized, shall be paid to the legal heirs of Mst. Sher Bano, deceased, excluding the appellant.