1. RASHID AZIZ KHAN. J.-- Muhammad Arshad, (17) and Mst. Parveen ;.Khtar (20/25) were sent up for trial by Police Station Jaranwala, District Faisalabad, for the murders of Fazal Muhammad and Mst.
2. Amanat Bibi, under section 302/34, P.P.C. The learned Special Court (for Speedy Trials) Faisalabad, vide its judgment, dated 21-4-1988, convicted both of them to death on each count and a fine of Rs.5,000 each, or in default thereof 5 years' R.I., each. Both the convicts by separate appeals from jail have challenged their convictions and sentences. This judgment shall dispose of both the appeals.
2. The prosecution story in brief, as given by Bashir Ahmed P.W. Is that he is real nephew of Fazal Muhammad whose wife had died 6/7 years earlier, therefore; Mst. Amanat Bibi who was Fazal Muhammad wife's sister started living with him. Mst. Parveen Akhtar was real daughter of said Fa7.a1 Muhammad. Said Mst. Parveen Akhtar was unmarried and had developed illicit relations with Muhammad Arshad. Fazal Muhammad had directed Muhammad Arshad not to visit his house. On 13-12-1987 at about 6 a.m., the first informant Bashir Ahmed alongwith Suleman P.W. Was going towards Faisalabad. When they reached near the house of Fazal Ahmed, they met Badar Din P.W.8 who was going to the house of Fazal Muhammad for milking his buffalo. When they reached near the house of Fazal Muhammad, they heard some noise and rushed inside the house. They saw Muhammad Arshad holding a Chhuri whereas Mst. Parveen Akhtar caught hold of her father Fazal Muhammad and Muhammad Arshad gave a Chhuri blow on the left side of the neck, whereupon Fazal Muhammad fell down and expired at the spot. Mst. Amanat Bibi came out of her room and raised alarm. Mst. Parveen Akhtar caught hold of Mst. Amanat Bibi and dragged her towards the room while Muhammad Arshad caught hold of Mst. Amanat Bibi from her neck and throttled her.
3. On seeing the witnesses Muhammad Arshad appellant scaled over the wall and ran away with blood-stained Chhuri. Bashir Ahmed P.W. Left Badar Din P.W.8 and Suleman P.W. At the spot and reported the matter to the police.
4. F.I.R. Exh.P.J. Was lodged by Bashir Ahmed P.W.7 at 7 a.m., on 13-12-1987. It was recorded by Mehr Khan, S.H.O./Inspector P.W.9. The distance between the place of occurrence and Police Station is about six miles.
5. After the registration of case Mehr Khan 1.0. P.W.9 carne to the spot and prepared injury statement, Exh.P.F. And inquest report, Exh.P.F./1 of Fazal Muhammad deceased. He also prepared injury statement, Exh.P.H. And inquest report, Exh.P.H./1 of Mst. Amanat Bibi deceased. The blood-stained earth was secured from the spot, vide Exh.P.C. He recorded statements of the eye-witnesses at the spot and thereafter arrested Mst. Parveen Akhtar accused. On the same day, he went to the house of Muhammad Arshad and arrested him. During interrogation Muhammad Arshad got recovered blood-stained Shalwar P.6 and Shirt P.7 as well as blood-stained Chhuri P.8. These articles were secured vide memo. Exh.P.D. On 15-12-1987 he got the site plan Exh.P.A. Prepared from Aurangzeb, Draftsman PW. And gave his note thereunder in red ink. After due investigation he submitted the challan against both the accused.
6. On 14-12-1987, Dr. Riaz Ahmed P.W.6 conducted the post-mortem examination on the dead body of Fazal Muhammad deceased and found one injury which is as follows:- (1)A stab wound 3 c.m. x 2 cm. x 5 c.m. Deep on left side of neck. Injury has penetrated to traches and oesphagus in front and cervical spine behind. The large vessels on the left side of neck alongwith nerves were cut. There was profuse bleeding. Injury was ante-mortem and proved fatal to life.
7. On the same day, he also conducted post-mortem examination on the dead body of Mst. Amanat Bibi deceased and found the following injuries on her person:-
(1) An abrasion 2 c.m. x 1/2 c.m. On left side of front of neck.
8. (2)An abrasion 1-1/2 c.m. 1 c.m. On left elbow.
(3) An abrasion 8 c.m. x 2 c.m. On left knee.
(4) An abrasion 7 c.m. x 2 c.m. On right knee.
9. He kept his opinion pending with regard to the cause of death till the receipt of report from the Chemical Examiner about the detection of poison. According to Serologist's report no poison was detected, therefore, he declared the cause of death as throttling.
10. The prosecution in support of its case has produced 9 witnesses in all. Aurangzeb, P.W.1 had prepared site plan, Exh.P.A. On the pointation of the witnesses. Muhammad Arif, P.W.2 had escorted the dead body to the mortuary. He also took blood-stained Chhuri as well as blood-stained clothes of the deceased to the Office of Chemical Examiner on 23-12-1987. Muhammad Bashir Ahmed, P.W.5 witnessed the recovery of blood-stained earth from the place of occurrence. He also signed the recovery memo. Exh.P.C. He also witnessed the recovery of blood-stained Shalwar P.6, Shirt P.7 and Chhuri P.8 at the instance of Muhammad Arshad appellant.
11. The eye-witness account has been furnished by Bashir Ahmed and Badar Din, P.Ws. 7 and 8 respectively. The case was investigated by Mehr Khan, Inspector/S.H.O., P.W.9. The rest of the witnesses are of formal nature, therefore, need not be discussed.
12. The learned prosecutor vide his statement dated 19-4-1987 gave up Suleman and Abdul Ghafoor PWs. As unnecessary and after tendering in evidence the report of Chemical Examiner Exh.P.J. And the report of the Serologist Exh.P.L., he closed the prosecution evidence.
13. At the conclusion of the prosecution evidence both the accused had denied their participation in the commission of the offence as well as every incriminating evidence. They also appeared in their defence under section 340, Cr.P.C., and deposed regarding their innocence.
14. It is contended by learned counsel for the appellants that the prosecution has not been able to prove its case at all. Submits that it was an unwitnessed occurrence and the appellants have been roped in with ulterior motive. Submits that the death of Mst. Amanat Bibi did not take place as alleged because the symptoms did not indicate death by strangulation. The contentions of learned counsel for the appellants have been opposed by learned counsel for the State.
15. We have heard learned counsel at length and gone through the evidence minutely. The eye- witness account has been furnished by Bashir Ahmed and 1 Badar Din P.Ws. 7 and 8, respectively.
16. Bashir Ahcned P.W.7 was a real nephew of[ Fazal Muhammad deceased and first cousin of Mst.
17. Parveen Akhtar. He has IA given detailed account of the occurrence. The explanation given by him for his presence at the spot is very convincing. He has stated that he was going to Faisalabad for purchasing some buffaloes and while passing in front of the house of Fazal Muhammad deceased heard some commotion went in and witnessed the occurrence. He has corroborated his version as given in the F.I.R. On all the material aspects. Badar Din, P.W.8 was real brother of Mst. Amanat Bibi deceased and real uncle of Mst. Parveen Akhtar appellant. He has corroborated the statement of Bashir Ahmed on all the material aspects of the case. Both the P.Ws. Were cross-examined by the defence but nothing has come on the record to indicate that they had any motive for the false involvement of the appellants especially against Mst. Parveen Akhtar who was a close relation of both the witnesses. A perusal of the statements of the witnesses clearly indicate that the defence was itself not clear about its plea. Bashir Ahmed P.W.7 has suggested that he had asked for the hands of Mst. Parveen Akhtar for his son and on refusal he had committed the offence and had falsely involved the present appellants. Similarly, Badar Din P.W. Was also given the same suggestion that he had asked for the hands of Mst. Parveen Akhtar from Fazal Muhammad deceased but on refusal he had done them to death. Bashir Ahmed P.W. Had stated that his son was 12/13 years of age. Similarly, Badar Din P.W. Had stated that his son was not of marriageable age being 10/11 years old. The defence plea even otherwise does not appeal to reason because if both the witnesses, namely, Bashir Ahmed and Badar Din were so interested to have the hands of Mst. Parveen Akhtar accused in marriage for their sons then they would have been each others rival, therefore, they could not possibly join hands m the commission of the offence. Furthermore, if the defence plea had any element of truth they would never have involved Mst. Parveen Akhtar appellant.
18. The record reveals that Muhammad Arshad appellant is neither related to any of them nor had any connection whatsoever. In these circumstances; the question of false involvement of Muhammad Arshad appellant becomes very doubtful especially when the defence had not even suggested any motive for such involvement.
19. The occurrence taken place on 13-12-1987, 6 a.m.; Muhammad Arshad appellant was arrested on the same day at 10 a.m. Immediately after his arrest he led to the recovery of the blood-stained clothes P.6 and P.7 as well as blood: stained Chhuri P.8. All the articles were found to be stained with blood by the report of the Serologist. This is a direct corroboration to the statements of the witnesses.
20. For what has been discussed above, we have no hesitation to hold that the eye-witnesses do inspire confidence, therefore, can be relied upon. As far as the question of sentence of Mst. Parveen Akhtar is concerned, we have noticed that she only facilitated the commission of the offence. She did not cause any injury to either of the deceased. In these circumstances, we feel that the sentence of life imprisonment on each count will adequately meet the ends of justice, therefore, her sentence of death on each count is reduced to imprisonment for life on each count. Both the sentences shall run concurrently. She will also be given the benefit of section 382-B, Cr.P.C. As far as Muhammad Arshad appellant is concerned, there arc no mitigating circumstances, therefore, his appeal is dismissed and sentence of death on each count is maintained. The sentence of fine of both the appellants is also maintained. The appeals of both the appellants are dismissed in the terms stated above.