' LEHRASAP KHAN, J.--Saee Muhammad (60) has been convicted by a learned Additional Sessions Judge, Gujrat, on 31-5-1981, under section 302, P.P.C. On two counts for the murders of Mst. Sughran Bibi (28/30) widow of his deceased brother Nazar Muhammad and Mst. Khurshid Bibi, six years, daughter of the said deceased's brother and has been sentenced on each count to death and a fine of Rs,2,000 or in default six months' R.I.
' The convict has filed the present appeal and the matter also stands referred to us under section 374, Cr.P.C. For confirmation of death sentences. This judgment shall dispose of both the matters.
2. The occurrence took place on 4-9-1979 at Mari Degerwela, in the Dera in the area of village Kot Sattar at a distance of three miles from Police Station Pahrianwali, District Gujrat. The occurrence was reported through F.1.R. Exh. P.D. Lodged by Ahmad Sher (P.W.7), the brother of Mst. Sughran Bibi deceased at 7-00 p.m. On the same day at the police station. This F.I.R. Was recorded by Muhammad Latif, S.I. (P.W.12).
3. Regarding the motive it is alleged that,Nazar Muhammad, brother of the appellant, who was the husband of Mst. Sughran Bibi deceased and father of. Mst. Khurshid Bibi deceased died ten days prior to the present occurrence. He left behind landed property which was to be inherited to the extent of 16 Kanals by the two deceased. The appellant desired to obtain the entire land left by his deceased brother to which Mst. Sughran Bibi was not agreeable. Thus he decided to do away with the two deceased.
4. As for the main occurrence, it has been stated that on 4-9-1979, at the eventful time, Ahmad Sher (P.W.7), Salehoon (P.W.8) and Sultan Ali (P.W.9) were present along with the appellant Saee Muhammad in his Dera in connection with the condolence of the death of Nazar Muhammad deceased. In the meanwhile Mst. Sughran Bibi deceased came there carrying a pot to milk the buffalo. Saee Muhammad went forward towards Mst. Sughran Bibi deceased and asked her to follow him. She accordingly followed him into a room. Soon thereafter, the complainant and the P.
Ws. Heard cries of Mst. Sughran Bibi to the effect "Mar Gia, Mar Gia". On the alarm thus raised, Ahmad Sher (P.W.7), Salehoon (P.W.8) and Sultan Ali (P.W.9) rushed to the room. They saw that the appellant was inflicting Toka blows on the neck of Mst. Sughran Bibi deceased whom he had felled on the ground.On seeing the witnesses he threatened them declaring that if they came near they too would be done away with. The appellant chopped off the head of the deceased within the sight of the aforementioned witnesses and then he went towards the village Abadi holding the Toka in his hand. After some time he brought Mst. Khurshid Bibi deceased dragging her towards the Dera.
He then throttled her causing her death and then threw her dead body by the side of Sughran Bibi deceased. The second occurrence was also witnessed by the aforementioned witnesses.
5. The appellant was arrested on 14-9-1979 by Muhammad Latif S.I. (P.W.12). On 19-9-1979, he got recovered blood-stained Toka P.2 from his Kotha vide memo. Exh. P.W.10/A, attested by Maula Dad (P.W.10), Fida Hussain Shah (P.W.11) and Muhammad Latif S.I. (P.W.12). As per Serologist's report Exh.
P.K. The result of stains of blood on the Toka is positive as being of human origin.
6. Dr. Rashid Ahmad (P.W.1) the then Medical Officer, Civil Hospital Mandi Baha-ud-Din performed autopsy on the dead bodies of Mst. Sughran Bibi and Mst. Khurshid Bibi deceased on 6-9-1979. In case of Mst. Sughran Bibi deceased he noticed that the head and neck were chopped off from the sixth cervical vertebra which was cut leaving behind a circular incised wound which was 134" in circumference with one tag of tissue in front and all the tissues were cut. He further noticed an incised wound, 14" x 2", muscle deep on back of left forearm. He opined that she had died due to shock and haemorrhage as a result of the aforementioned injuries which were ante-mortem and caused by sharp-edged weapon. These injuries in his opinion were sufficient to cause death in the ordinary course of nature.
' On the dead body of Mst. Khurshid Bibi deceased, the following injuries were noticed:-
(1) Two small dark red contusions near each other in front and right side of neck at the level of thyroid cartilage.
(2) One small contusion in front and left side of neck at a higher level than injury No,1, the neck was swollen from front.
' In his opinion, Mst. Khurshid Bibi has died of asphyxia as a result of throttling.
' It is noteworthy that in case of both the deceased, the doctor took vaginal swabs which were sent for opinion to the Chemical Examiner, who vide his reports Exhs. P.G. And P.H., respectively, pertaining to Mst. Khurshid Bibi, opined that the swabs were stained with semen.
7. At the trial the prosecution in all examined 12 witnesses. Ahmed Sher (P.W.7), Salehoon (P.W.8) and Sultan Ali (P.W.9) testified at the trial as eye-witnesses to furnish the ocular account of the prosecution version. Maula Dad (P.W.10) and Fida Hussain Shah (P.W.11) appeared as recovery witnesses. Dr. Rashid Ahmad (P.W.1) as stated above, testified about the post-mortem reports.
Muhammad Latif S.I. (P.W. 21) deposed about the recoveries as also regarding investigation of the case. The rest are of course formal witnesses.
8. Saee Muhammad appellant denied having murdered his sister-in-law and niece, and claimed that he had been falsely involved due to enmity. No evidence has, however, been led by him in defence.
9. It has been argued on behalf of the appellant that Ahmad Sher P.W.7 is the real brother of Mst.
Sughran Bibi deceased, while Salehoon and Sultan Ahmad P.Ws. Are the cousins of the aforementioned deceased. It has further been urged that these three witnesses were much younger in age than the appellant and the conduct allegedly exhibited by them at the time of occurrence is such that their presence becomes doubtful inasmuch as they failed to save the two deceased and to apprehend the appellant.
No doubt the aforementioned witnesses are relatives of the deceased but they have explained that they were present at the common Dera of the deceased and the appellant in connection with the condolence of Nazar Muhammad deceased, the husband of Mst. Sughran Bibi. They have also explained that when they went to the room in which Mst. Sughran Bibi was being done to death, the appellant who was holding a Toka in his hand held out a threat to them, therefore, on account of fear they could not interfere. The mere fact that the witnesses are related to the deceased does not render them as unreliable witnesses, particularly when there is nothing on the record to suggest that they had any motive or animosity to falsely involve the appellant on a capital charge. The testimonies of these eye-witnesses have been corroborated by the recovery of blood-stained Toka at the instance of the appellant. One of the recovery witnesses, according to the learned counsel for the appellant, happened to be a relative of Mst. Sughran Bibi deceased, but he has not challenged the independence of the second recovery witness namely, Fida Hussain Shah P.W.11.
10. It has also been argued by the learned counsel for the appellant that the prosecution has not been able to furnish any explanation about the opinion of the Chemical Examiner in respect of the presence of semen on the vaginal swabs in case of both the deceased. In this behalf it has been observed by the learned trial Court that there appears to be some bungling in case of the swabs, because there can hardly be any occasion of presence of semen on the vaginal swabs of Mst.
Khurshid Bibi a six years old girl.
' We have also considered that according to experts on the medical jurisprudence it has invariably been opined that semen is discharged on account of severe shock which one suffers at the time of death, particularly when the death occurs due to an injury on the head or by strangulation.
11. Learned counsel for the appellant also wanted to avail of the fact that according to prosecution's own case, the dead bodies of the deceased were recovered from Chhat (two gunny bags sewn together) from Qadirabad Link Canal. If Ahmad Sher, Salehoon and Sultan Ali P. Ws. Had witnessed the deaths of both the deceased at the hand of the appellant they could guard the dead bodies and would not have permitted the appellant to put the dead bodies in a Chhat and throw it in the Link Canal.
' This argument seemingly appears to be weighty, but in the light of reply given by the appellant to question No, 10--"why this case against you?"--it loses its weight as the reply reads: "....Mst. Sughran Bibi used to go to the Dera to milk her buffalo and on the alleged day of occurrence she did not turn up back to the village till late in the evening time. I went to the Dera from the village and saw Mst. Sughran Bibi and Mst. Khurshid Bibi lying dead at the Dera. The trunk of Mst. Sughran Bibi was found lying headless and a blood-stained Toka was also found lying thereby. I could not go to the P.S. As the village of the complainant is quite adjacent to the said P.S. And I apprehended danger from him. I sent a message through a Mueen informing them about the murder of the deceased In this manner the appellant himself has conceded that murders of the two deceased took place at the Dera and he saw their dead bodies over there. In such circumstances for the removal of the dead bodies from that place none else can he held responsible. It is also noteworthy that he has not informed the police about the murders of his sister-in-law and niece when he allegedly found them lying murdered at his Dera.
12. Regarding the removal and concealment of the dead bodies, Mst. Rabia Bibi wife of Saee Muhammad appellant and his cousin Fateh Muhammad were tried as co-accused alongwith Saee Muhammad, under section 201, P.P.C. But they have ultimately been acquitted by the learned trial Court.
13. We have carefully considered and analysed the evidence and other circumstances of this case and in the light of above discussion we find that there is no material on the record to discredit the eye-witness account furnished by Ahmad Sher (P.W.7), Salehoon (P.W.8) and Sultan Ali (P.W.9) whose testimonies find support from the evidence of recovery of blood-stained Toka at the instance of the appellant. It is, therefore, established beyond any reasonable doubt that the appellant has murdered Mst. Sughran Bibi and Mst. Khurshid Bibi for a few Kanals of land. He does not deserve any leniency and, therefore, normal sentence of death under section 302, P.P.C. Has been rightly imposed on him. In this view of the matter we dismiss the appeal.
' The death sentence is accordingly confirmed. ' and death confirmed.