MIAN BURHANUDDIN KHAN, J.--This jail petition is barred by the by 9 days but as the petitioner has been awarded the sentence of death, we condone the delay and proceed to examine the case of the accused /petitioner.
2. According to the prosecution on the night between the 23rd/24th August, 1978 Muhammad Din, petitioner, who was residing in the house of the complainant Ashiq Masih, was sleeping in the courtyard of the house of complainant. At about 3-30 a.m. The complainant and the other inmates of the house woke up on the alarm raised by the deceased Mst. Hamidan Bibi and found that she had been thrown on the ground and the petitioner was injuring her with a razor. The complainant Ashiq Masih, his brother 1qbal Masih and Jugindar Masih caught hold of the accused and relieved him of the razor. The complainant leaving the accused under the supervision of Mangal Masih and people of the Muhallah who had reached the spot, went to the Police Station Factory Area, Lahore, and lodged the report Exh.P.D. At about 4-30 a.m. On 24-8-1978.
3. It is stated in the aforesaid report that the petitioner, being convict of a murder case, was undergoing sentence of imprisonment in Kot Lakhpat Jail, Lahore where Ashiq Masih complainant was working as a sweeper. They became friends. After the release of the petitioner, he took up his residence in the house of the complainant. About 3/4 months before the occurrence the complainant Ashiq Masih was married. Therefore, Mst. Hamidan deceased asked the petitioner to arrange for his residence somewhere else because a newly-married couple would be living in the house and it would not be desirable for a stranger to live in the same house. This created bad feeling between the petitioner, and Mat. Hamidan Bibi, deceased. Therefore, on the night of occurrence the petitioner, who was again asked by Mst. Hamidan, in the preceding evening, to quit, attacked and injured her with a razor. The deceased was taken to the hospital where she succumbed to her injuries.
4. Dr. Imtiaz Ahmad Bhatti performed the post-mortem examination on the body of Mst. Hamidan Bibi and found five incised wounds of various dimensions on the neck, palm and fingers of the deceased found to have been caused by sharp-edged weapon. Injury No.1 was sufficient to cause death of the deceased in the ordinary course of nature through shock and haemorrhage.
5. Dr. Amtul Hamid medically examined Muhammad Din petitioner and found a lacerated wound on left index finger and another lacerated wound 1" x 1/8" x skin deep on dorsal surface of the left thumb of the petitioner.
6. Ashiq Masih, P.W.5 and his brother-in-law Jogindar Masih P.W.7 furnished ocular account of the occurrence. Razor P-5 was recovered by the Investigating Officer, of which the petitioner was in possession at the the of his arrest by the witnesses.
7. According to Ashiq Masih, P.W.5 he had become friendly with the petitioner while the later was undergoing sentence, in a murder case, in the Kot Lakhpat Jail. After serving his sentence the petitioner came to him and requested him for shelter, and, consequently, he stayed in the house of the complainant for about to years. The complainant got married 3/4 months before the occurrence. His wife, his mother Mst. Hamidan deceased and his brother-in-law objected to the staying of the petitioner in his house. Therefore, the petitioner was asked to leave the house but he had been putting of the matter on one pretext or the other. One day before the occurrence i.e. 23- 8-1978 at evening the the deceased asked the petitioner again to leave the house as the newly wed couple would be living in the house and it was not desirable that he, a stranger, should live in the same house. It is alleged that the accused refused to oblige the deceased and her family and put up a demand for some money which, according to him, he had spent on the marriage of Ashiq Masih the complainant; that on the fateful night he, alongwith his wife and other relatives, wax sleeping in the house when at about 3-30 a.m. He heard alarm raised by his mother saying "she should be rescued from the accused"; that he thereupon rushed to the spot where he found that the deceased was thrown on the ground and the accused/ petitioner was dealing blows to her with a razor; that he and Jogindar Masih caught hold of the petitioner and after handing the petitioner to Mangal Masih, he went to the police station and lodged the report Exh.P.D.
8. When examined, the accused/petitioner denied the charge. He, however, admitted that he was convicted and sentenced in a murder case and on his release from the jail he started living with the complainant Ashiq Masih in Awami Colony, near General Hospital, Lahore. He also denied the recovery of blood-stained clothes Le Banyan and Lungi and said he never wore Banyan and Lungi.
Regarding the killing of the deceased he stated that he had become a member of the family of the complainant and had good relations with all the inmates of the house and he treated the deceased as his own mother ; that the relations of the deceased and her daughter-in-law i.e wife of Ashiq Masih complainant, were strained and the complainant and his wife complained to the deceased that she did not do any work in their house but goes out to serve others and this created bad blood between them. In addition to this, the deceased had embraced Islam at which the complainant and her other relatives were annoyed and in fact they have murdered the deceased and have falsely implicated him in this case.
9.On going through the evidence, we find that the case against the petitioner is established to the hilt. He had been caught red-handed) with a razor, produced before the police. He also sustained injuries on, his hand which could be the result of dealing blows to the deceased. We find no reason for the witnesses, who had actually allowed the petitioner to reside in their house for about to years, to depose falsely against him. This petition does not merit any interference bye this Court and the same is, consequently dismissed.