1. NASIM HASAN SHAH, J.--This petition for leave to appeal, through Jail, is directed against the judgment passed by a Division Bench of the Lahore High Court, Lahore on 20-9-1982 in Criminal Appeal No.92 of 1980 and Murder Reference No.43 of 1980, whereby the petitioner's conviction under section 302, P.P.C. For committing the murder of Bashir Ahmad (deceased) was maintained and the sentence of death, recorded by the learned Sessions Judge, Sheikhupura, on 8-1-1980, was confirmed.
2. The petition is barred by 214 days but the delay is hereby condoned to enable examination of the case on the merits, in view of the capital punishment awarded to the appellant.
3. The occurrence took Place at about 12.00 noon on 3-6-1979 in the house of the deceased in Nai Abadi, Muhammadpura within the area of Police Station Sangla Hill.
4. The facts forming the background to the occurrence are stated to be that Sardar Muhammad (petitioner herein), who had been accommodated by Bashir Ahmed (deceased) in his own house, caught hold of Mst. Maqbool Begum (P.W. 8) by her arm one evening, about a fortnight before the occurrence when Bashir Ahmed (deceased) was not in the house and had gone to the Bazar for making purchases and remarked 'darling', keep me in mind as well'. Mst. Hussain Bibi (P.W. 7)
5. Phophi of the deceased, was also present in the house at that the.
6. Mst. Maqbool Begum (P.W. 8) resented this remark and abused the petitioner. She also apprised her husband of the incident, when he returned from the Bazar. On learning about it, Bashir Ahmad (deceased) told the petitioner (Sardar Muhammad) to leave his house at once. This led to an altercation between the to during which Bashir Ahmad (deceased) also gave to/three slaps to the petitioner. The petitioner, in return, picked up a brick and hurled it at Bashir Ahmad, but the latter saved himself by stepping aside. Mst. Hussain Bibi (P.W. 7) intervened and separated them. The petitioner then left the place with the threat that Bashir Ahmed would not also live to enjoy life.
7. On the fateful day, Bashir Ahmed (deceased) had left for work leaving behind Mst. Hussain Bibi (P.W. 7) and Mst. Maqbool Begum (P.W. 8) in the house. At about 12.00 noon when he returned home the petitioner (Sardar Muhammad) armed with a Chhuri, suddenly appeared from behind raising a Lalkara. Bashir Ahmad (deceased), in order to save his life, rushed inside the room of his house but before he could close the door from inside, the petitioner overtook him and did not allow him to close the door and started giving knife blows to Bashir Ahmad (deceased) on his chest, neck and other parts of his body. Mst. Hussain Bibi (P.W. 7) and Mst. Maqbool Begum (P.W, 8) raised alarm which attracted Muhammad Sadiq (P.W. 9) and Umar (given up P.W.) to the spot and they also witnessed the occurrence. Bashir Ahmad fell down but the petitioner continued giving knife blows to him in the presence of the said eye-witnesses. On account of the alarrr raised by the eye- witnesses, the petitioner ultimately left hold of Bashir Ahmad and advanced towards the eye- witnesses, who retreated but chained the door of the house from the outside. In the meanwhile, Bashir Ahmad had breathed his last.
8. The petitioner was arrested from the spot the same day by Syed Anwar Ali Shah, Inspector (P.W. 10) who investigated the case. He also recovered blood-stained knife (P.4) from the petitioner. Blood-- stained shirt (P.5) and blood-stained Shalwar (P.6) were also found on the person of the petitioner.
9. Blood-stained earth from the spot was collected vide memo P.F.
10. Autopsy, having been conducted by Dr. Khalid Yazdani Sheikh (P.W. 4) on 4-6-1979 at 10.00 a.m.
11. Disclosed as many as 12 incised wounds and 11 incised linear cuts on various parts of the dead body, particularly in the region of the neck and chest. Both the lungs as well as thorax were ruptured. All the injuries were ante-mortem and caused with a sharp-edged weapon. The Doctor opined that nine out of the total 23 injuries were sufficient to cause death. Death occurred due to severe shock, failure of respiratory system, haemorrhage and heart failure.
12. The petitioner when examined under section 342, Cr. P.C. Denied having committed the murder.
13. Instead the version given by him was that Muhammad Sadiq (P.W. 9), the owner of the Ban factory, in which both he and the deceased were employed, had developed illicit intimacy with Mst Maqbool Begum (P.W. 8), wife of the deceased and he had seen them in a compromising position twice or thrice. He had, accordingly, admonished Muhammad Sadiq (P.W. 9) to desist from his activities and had threatened to apprise the deceased (Bashir Ahmad) of the said fact; his dues had also fallen in arrears and were not paid by Muhammad Sadiq (P.W.9), despite repeated demands; he had left for Faisalabad on 2-6-1979 in order to see his ailing mother and had returned to Sangla Hill on 3-6-1979 at about 9 A.M , when he was arrested by the police at the instance of Muhammad Sadiq (P.W.9), who was a rich man and had got the deceased (Bashir Ahmad) murdered so that he could marry Mst. Maqbool Begum (P.W. 8).
14. The prosecution case rests on the testimony of the three eye-witnesses, namely, Mst. Hussain Bibi (P.W. 7), Mst. Maqbool Begum (P.W. 8) and Muhammad Sadiq (P.W. 9) corroborated by the recoveries, the medical evidence and the motive. The presence of Mst. Hussain Bibi (P.W. 7) in the rented house of her nephew, Bashir Ahmad (deceased) at the the of the occurrence has been fully justified. She is a natural witness of the occurrence and had no reason to frame a false charge against the petitioner.
15. The petitioner was caught on the spot and there is overwhelming evidence to establish his guilt.
16. There is also no ground for giving him the benefit of the lesser sentence. He brutully assaulted the deceased and inflicted as many as 23 injuries upon him. In return for the shelter provided to him by the deceased in his house, he abused this at of grace by trying to make an immoral approach towards his wife. After being turned out of the house, instead of repenting his mistake and making amends he turned round and murdered his friend and benefactor in a most cruel and ghastly manner. No exception can be taken to the award of the capital sentence.
17. The petition must fail and is dismissed hereby.