' JAVID IQBAL, C.J.---Faiz son of Wazir, aged 22, armed with Kassi, has been convicted under section 302, P.P.C. For the murder of Muhammad Siddiq, aged 30, his distant relative and vide judgment dated 7-2-1981 of the Additional Sessions Judge, Faisalabad, has been sentenced to death plus fine of Rs, 10,000 or in default to undergo three years' rigorous imprisonment with the direction that if the fine is realized from him, half of the same should be paid as compensation to the legal heirs of the deceased. His appeal as well as the reference for confirmation of death sentence awarded to him are being taken up together and disposed of by this judgment.
2. The occurrence took place on 18-3-1979 at 8-00 a.m. In a field of Chak No, 24/GB at a distance of nine miles from Police Station, Jaranwala, District Faisalabad. F.I.R. Exh. P.G. Was lodged by Muhammad Shafi (P.W.8), maternal uncle of the deceased at 12-15 p.m. On the same day and it was recorded at the police station by Sarfraz Khan S.I. (P.W.10).
3. The motive for crime as stated in the F.I.R. Is that four years before the present occurrence the Nikah of the deceased was performed with Mst. Selma, sister of the appellant, when she was minor.
However, the appellant did not approve of the same. Since at present Mst. Selma had attained majority, the deceased demanded her Rukhsati again and again but the appellant would not agree to it. It was in this background that the appellant is stated to have murdered the deceased.
4. The prosecution has produced two eye-witnesses of the occurrence, namely, Muhammad Shafi (P.W.8), maternal- uncle of the deceased and Muhammad Hayat (P.W.9), son-in-law (Damaad) of Muhammad Shafi P.W. In addition to this Muhammad Rashid was cited as an eye-witness but has not been produced.
5. In the F.I.R. The occurrence is reported to have taken place in the following manner: On the fateful day Muhammad Shafi P.W. Had gone to the Dhari of the deceased in order to borrow a pair of bullocks. At that time both the deceased and the appellant were taking their pairs of bullocks for ploughing the fields and Muhammad Shafi P.W. Followed them. When they had covered some distance and had arrived in Killa No,4 of Square No, 80, the deceased after putting the bullocks in the yoke, sat there in order to smoke Huqqa. In the meantime, the appellant picked up a Kassi and attacked the deceased from behind on the head. As a result the deceased fell down on the ground.
Thereafter, the appellant gave him 4/5 successive blows with the Kassi which fell on his neck and shoulders. Muhammad Shafi P.W. Raised alarm and rushed in order to apprehend the appellant. At that time Muhammad Hayat (P.W.9) as well as Muhammad Rashid (not produced) were coming from the side of the village and because of being attracted by the alarm rushed to the scene of crime. On seeing them, the appellant left the Kassi on the spot and managed to run away. The deceased died as a result of his injuries on the spot. Leaving behind Muhammad Hayat P.W. As well as Muhammad Rashid (not produced) to guard the dead body, Muhammad Shafi P.W. Proceeded to lodge the report.
6. The appellant was arrested by Sarfraz Khan S.I. (P.W.10) on 25-3-1979. From the spot was picked up blood-stained Kassi (Exh. P.5) which was taken into possession vide Memo. Exh. P.E. Dated 18-3- 1979. It is this Kassi (Exh. P.5) which is stated to have been used by the appellant for the commission of crime and thereafter he left it on the spot before escaping. The attesting witnesses are Wazir (P.W.6), Muhammad Ali (not produced) and Sarfraz Khan S.I. (P.W.10). According to the report of the Serologist (Exh. P.L.) at page 8-B of the printed paper-book, the scrappings from Kassi (Exh. P.5) were found to be stained with human blood.
7. The appellant in his statement before the trial Court denied having participated in the occurrence. He even denied the motive version about Nikah by stating that Mst. Salma was hardly 14/15 years in age. He disowned Kassi (Exh. P.5). He stated that he had been falsely implicated because the two eye-witnesses in the instant case were closely related to each other as well as to the deceased and that they had given false evidence because of enmity. He further stated that he was innocent, that his elder sister was the wife of Yasin P.W. And that she was staying with him for the past three years. The complainant side used to demand the hand of his sister Mst. Salma for the deceased but he was adamant. Therefore, they nursed a grudge against him. The complainant side wanted to snatch Mst. Salma from him and on that account he had shifted to Chak No, 19/SP, Tehsil Pakpattan Sharif. He stated that he had been falsely implicated in this case in his absence.
He did not lead any defence except that he produced a copy of Khasra Girdawari of Square No, 80 (Exh. D.A.). It may be pointed out at this stage that in Exh. D.A., Kills No,4 of Square No, 80 the appellant's name is entered as tenant and cultivator.
8. Dr. Khurshid Ahmad Khan (P.W.1) conducted post-mortem examination on the dead body of the deceased at 5-00 p.m. On 18-3-1979 and found on his person the following injuries:-
(1) Incised wound 15 c.m. x 3 c.m. x brain deep on midline of head.
(2) Incised wound 6 x 2 x 3 c.m. On right face.
(3) Incised wound, 6 x 3 x 4 c.m. On right side of neck.
(4) Three incised wounds in area of 12 x 10 c.m. On right shoulder-joint. Underlying bone was cut.
(5) Abrasion 8 x 2 c.m. On outer side of right thigh.
' Injury No,5 was caused with blunt weapon and the rest of the injuries were caused with sharp- edged weapon. In his opinion, the cause of death was shock, bleeding and injury to brain resulting from injuries No,1 and 3. Both these injuries had been caused with sharp-edged weapon and were sufficient to cause death individually in the ordinary course of nature. Death occurred immediately after the receipt of these injuries.
9. We have heard learned counsel for the parties and carefully perused the record. The motive set up by the prosecution is not being totally denied by the appellant except that the appellant had stated in his statement before the trial Court that the complainant side demanded the hand of his younger sister, namely, Mst. Salma for the deceased and since he was not agreeing to the same, the complainant side nursed a grudge against him and he had apprehension that they wanted to snatch away Mst. Salma from him and on that account he had even shifted to another Chak. There is no background of any other enmity between the parties. The prosecution case is being supported by the ocular testimony of Muhammad Shafi and Muhammad Hayat P.Ws. And their statements are also being corroborated by the recovery evidence of human blood-stained Kassi (Exh. P.5) which the appellant is alleged to have left on the spot after causing injuries therewith to the deceased. It is further being supported by the, medical evidence. In the light of the evidence on the record we are convinced in our mind that the prosecution has succeeded in establishing its case as against the appellant beyond any shadow of doubt. In that view of the matter, the conviction of the appellant under section 302, P.P.C. Was quite proper and it is accordingly maintained. However, there remains the question of sentence. Since the appellant had stated that the complainant side demanded the hand of his sister Mst. Salma for the deceased and the appellant had refused to oblige them, the complainant side is stated to have threatened the appellant that they would snatch away Mst. Salma from him and for that reason he had even shifted to another Chak. It is in this background that the appellant attacked the deceased and murdered him. In our view, this would constitute a mitigating circumstance calling for the awarding of lesser penalty to him. In the light of what has been stated above, we are of the view that the awarding of lesser penalty, in the instant case, will be sufficient to meet the ends of justice.
Therefore, maintaining the conviction of the appellant under section 302, P.P.C. We alter the sentence of death awarded to the appellant to the sentence of imprisonment for life. The sentence of fine is reduced from Rs, 10,000 to Rs, 5,000 or in default thereof to undergo one year's rigorous imprisonment. If the fine is realized from him, it may be paid as compensation to the legal heirs of the deceased. The Jail authorities are directed to grant benefit of the provisions of section 382-B, Cr.P.C. To the appellant at the time of computation of the sentence of imprisonment for life to the appellant. With this modification, the appeal is dismissed. The death sentence awarded to the appellant is not confirmed.