' MUHAMMAD RAFIQ TARAR, J.--Roshan Ali (18) son of Abdul Karim, caste Ansari, resident of Fazal Colony, Daska, was tried by the learned Additional Sessions Judge, Sialkot, on the allegations that on 10th January 1981 he tree passed into the house of Muhammad Hasham complainant in Fazal Colony, Daska, and committed the murder of his wife Mst. Najma Khatun. By judgment, dated 27th October, 1981, he was convicted under sections 452 and 302, P.P.C. Under section 452, P.P.C. He was sentenced to rigorous imprisonment for five years' and a fine of Rs,5,000 or in default in the payment thereof to undergo further R.I. For two years, Under section 302, P.P.C. He was sentenced to death subject to confirmation by this Court and a fine of Rs,5,000 and in default in the payment of fine to undergo R.I. For two years, The convict has appealed through jail and the case is also before us on reference for confirmation of the death sentence awarded to him. Both these matters shall be disposed of by this judgment.
2. The brief facts of the prosecution case are that in the year 1974 Muhammad Hasham complainant came to Pakistan from Bangladesh and settled in Fazal Colony, Daska. Roshan All appellant, who is his paternal-aunt's son, also started living with him. About two years prior to the occurrence the complainant performed the marriage ceremony of the appellant in his house. After the marriage, the appellant started quarrelling with the complainant-family. The complainant turned him out of his house, upon which he felt annoyed. Thereafter, he started living in the house of one Riaz situate in the same locality.
' The prosecution story goes on that on 10th January 1981 at about 9.30 a.m. Muhammad Hasham complainant, his mother Mst. Sharif-un-Nisa and his wife Mst. Najma Khatun were sitting in the courtyard of their house when the appellant came there and demanded his Nikahnama.
Muhammad Hasham complainant went inside to get the Nikahnama. The appellant took out a knife and started giving blows to Mst. Najma Khatun. The complainant and Mst. Sharif-un-Nisa raised alarm attracting Rafi-ud-Din and Ghulam Mustafa P.Ws. Mst. Najma Khatun was taken to Civil Hospital, Daska, but on reaching there she succumbed to her injuries. Muhammad Hasham complainant reported the occurrence to Rehmat Khan, Assistant Sub-Inspector, in the Civil Hospital, Daska, at 10.50 a.m. Vide statement Exh. P.B., on the basis of which formal F.I.R. Exh. P.B/1 was recorded at Police Station, Daska at 11 a.m.
3. After recording the statement of the complainant, the A.S.I. Prepared the injury statement (Exh.
P.G.) and the inquest report (Exh. P.H) of the dead body and dispatched it to the mortuary for post- mortem examination. Then he reached the spot and secured some blood-stained earth vide memo., Exh. P.C. He recorded the statements of the P.Ws under section 161 Cr.P.C. On 11th January, 1981 Ghulam Sarwar, S.H.O., arrested the appellant who led to the recovery of blood-stained knife from his house which was made into a sealed parcel vide memo. Exh. P.D. After the investigation, the appellant was challenged.
4. On 10th January, 1981 Dr. Mumtaz Ahmad Bhatti, Medical Officer, Civil Hospital, Daska, conducted the autopsy on the dead body of Najma Khatun and found the following injuries on it:-- "(1) An incised wound 21 c.m. x # c.m. On the front of left lower chest, transverse in direction.
(2) An incised wound 2 c.m. x 4 c.m. Transverse on the upper part of left abdomen, 7 c.m. Below injury No, 1.
(3) An incised wound 2 c.m. x 1 c.m. On the back of left lower chest, oblique.
(4) An incised wound 14 c.m. x 4 c.m. On the lateral part of left lumber region in upper area, transverse in direction.
(5) An incised wound 2 c.m. x 1 c.m. On the outer aspect of left chest, 11 c.m. Above injury No, 4, vertical in direction.
(6) An incised wound 11 c.m. x c.m., 3 c.m. Above injury No, 5, on outer aspect of left chest, transverse in direction.
(7) An incised wound 11 c.m. x 1 c.m. On the right clavicle in middle, oblique.
(8) An incised wound 11 c.m. x 1 c.m. On the front of right chest 3 c.m. From midline oblique in direction.
(9) An incised wound 2 c.m. x 1 c.m. On the front of right chest, upper part, 1 c.m. Medial and below injury No, 8.
(10) An incised wound 2 c.m. x 1 c.m., transverse 1 c.m. From midline on front of chest in middle.
(11) An incised wound 11 c.m. x 1 c.m. Transverse on front of right lower chest 4 c.m. Below and lateral to injury No, 10.
(12) An incised wound 2 c.m. x 1 c.m., oblique on right lateral aspect of middle chest.
(13) An incised wound 11 c.m. x c.m. Oblique, 8 c.m. Lateral to right nipple.
(14) An incised wound 1 c.m. x 1 c.m on back of right upper area oblique in direction.
(15) An incised wound 1 c.m. x1 c.m. On back of right upper arm in middle, oblique in direction.
(16) An incised wound 2 c.m. x 1 c.m. On the outer aspect of right upper arm in middle oblique.
(17) An incised wound 1 c.m. x 1 c.m. On the right upper arm in front, oblique.
(18) An incised wound 21 c.m. x 1 c.m. Transverse on the back of middle of right forearm.
(19) An incised wound 3 c.m. x 1 c.m. Transverse on back and medial aspect of right middle finger.
(20) An incised wound 1 c.m. x 1 c.m. On front of right thigh in middle transverse.
(21) An incised wound 5 c.m. x 2 c.m. Oblique on the lateral aspect of right thigh in middle.
(22) An incised wound 21 c.m. x 1 c.m. Oblique on the front of right lower leg in upper 3rd.
(23) An incised wound 21 c.m. x 1 c.m. Oblique on inner aspect right lower leg in upper part.
(24) An incised wound 1 c.m. x 1 c.m. On back of right knee joint in lower part oblique.
(25) An incised wound 2 c.m. x 3/4 c.m. Oblique on dorsum of left hand.
(26) An incised wound 1 c.m. x1/4 c.m. On left palm at its medial part.
(27) An incised wound 21 c.m. x 1 c.m. Transverse on back of left middle forearm.
(28) An incised wound 1/ c.m. x 1 c.m. On outer aspect of left forearm in middle, transverse in direction.
(29) An incised wound 21 c.m. x 1 c.m. On inner aspect of left forearm in middle oblique.
(30) An incised wound 1 c.m. x1/4 c.m. On outer aspect of left upper arm just above the elbow vertical.
(31) An incised wound 2 c.m. x 1 c.m. On outer aspect of left upper arm below its middle, oblique."
' In the opinion of the doctor, death was due to shock and haemorrhage resulting from all the injuries, especially injuries No, 1, 2, 3, 5, 7 and 10 which were sufficient to cause death in the ordinary course of nature.
5. In support of its case, the prosecution examined eleven witnesses in all and its mainstay is the evidence of Muhammad Hasham, Mst. Sharif-un-Nisa and Rafi-ud-Din P.Ws. The prosecution also relied on the evidence relating to recovery of blood-stained knife at the instance of the appellant.
6. The appellant pleaded not guilty to the charge. He admitted that he was the cousin of Muhammad Hasham complainant and was living with him in his house in Fazal Colony, Daska. He also admitted that his marriage ceremony was celebrated in the house of the complainant. He further admitted that after his marriage he started quarrelling with the complainant and he truned him out of his house. He maintained that he had been falsely implicated in this case. When asked whether he wanted to say anything else, he made the following statement-- "Muhammad Hashim complainant used to quarrel with his wife Mst. Najma Khatun. On the day of occurrence he went to my house at 8.00 a.m. He took me away to his house at about 9.15 a.m.
When we reached his house we found Mst. Najma Khatun lying injured on the spot. Muhammad Hashim P.W. Ran away from the spot. I took away Mst. Najma Khatun in a Tonga to the hospital, but she died on the way. Muhammad Hashim P.W. Came to the hospital. I was arrested by the police in the hospital. When we reached the courtyard of the house of Muhammad Hashim P.W. We found Mst. Sharif-un-Nisa being present there and was raising alarm."
' No evidence was led in defence.
7. The learned trial Judge accepted the prosecution evidence and convicted and sentenced the appellant, as mentioned above.
8. The learned counsel for the appellant does not challenge the conviction, but states that the sentence of the appellant may be altered to imprisonment for life on the ground that he is Jill in his teens.
9. Muhammad Hasham complainant and his mother Mst. Sharif-un-Nisa P.W. Furnished the ocular account of the occurrence. The occurrence took place in the house of Muhammad Hasham complainant, therefore, he and his mother are the most natural witnesses of the occurrence.
Presence of Mst. Sharif-un-Nisa in the house of occurrence is admitted even by the appellant.
There is nothing on the record to suggest that the complainant or his mother had any motive to falsely implicate their own close relative in a case involving capital punishment. Their statements are consistent on the main features of the case.
' We have noted that in cross-examination Rafi-ud-Din (P.W. 4) has stated that Hasham complainant came out of the room which was a little away and he could not have seen the accused giving knife blows to Mst. Najma Khatun in the courtyard. The occurrence took place at point 'A' shown in the site plan and Hashim complainant saw it while standing in the room at point 'H'. A cursory glance at the site plan would show that point 'A' is clearly visible from point 'H'.
However, if the statement of Hasham complainant is kept out of consideration for the reason that the place of occurrence was not visible from point even then the remaining evidence on the record is sufficient to prove the guilt of the appellant. Mst. Sharif-un-Nisa categorically stated that the appellant gave knife blows to the deceased, as a result of which she died on way to the hospital.
Rafi-ud-Din P.W. Lived at a distance of 15-20 yards from the place 4:4 occurrence. On hearing the alarm, he rushed to the spot and saw the appellant armed with a knife coming out of the house of the complainant with blood-stained clothes on his person. He went inside the house and saw Mst.
Najma Khatun lying injured. Hasham complainant and Mst. Sharif-un-Nisa P.Ws were also present there. Rafi-ud-Din is an independent and disinterested witness having no motive to falsely implicate the appellant. The occurrence took place in the broad daylight and it is the case of a single accused. It is unbelievable that the real culprit was let off and the appellant was falsely implicated.
10. The appellant was arrested just on the next day of the occurrence. On the same day he led to the recovery of a blood-stained knife from his house. The recovery is supported by Israil (P.W. 5) who is also an independent witness residing in the same locality. We are, therefore, satisfied that the prosecution has proved its case against the appellant beyond any shadow of doubt and he was rightly convicted under section 302, P.P.C.
11. Now, we proceed to consider the question of sentence. There is no documentary evidence on the record about the age of the appellant. In the statement under section 342, Cr.P.C. Dated 27th October, 1981 his age is mentioned as eighteen yeaRs, Mere youth of the accused by E itself is not a sufficient reason for not inflicting the normal penalty provided for the offence of murder. There is nothing on the record to show that the poor woman had caused any annoyance to the appellant.
He caused a large number of injuries on her person, out of which six were dangerous to life. He acted in a very cruel manner and does not deserve any clemency in the matter of sentence. We, therefore, dismiss this appeal and confirm his death sentence.