1. ' GHULAM MUJADDID, J.--Nazar Hussain son of Mira, resident of Chak No,177/EB, Tehsil Burewala District Vehari seeks leave to appeal against the judgment of Lahore High Court dated 21-7-1987 whereby the death sentence awarded to him by the trial Court by judgment dated 19-6-1983 was confirmed.
2. ' The petitioner was prosecuted for the murder of Mst. Bashiran, a young girl, resident of the same Chak. According to the prosecution, the murder took place on 1-12-1981 at 7-30 a.m. In a sugarcane field in Chak 177/EB, eight miles from Police Station Gaggo, District Vehari. Report was lodged by Muhammad Sadiq, father of the girl, at 10 O'clock at the police station. It was recorded by Elahi Bakhsh, A.S.I.
3. ' The motive was that the petitioner wanted to marry Mst. Bashiran. He approached her father. The father declined. A day before the occurrence Mst. Bashiran told her father in the presence of Murad that the petitioner insisted that she should agree to marry him. She instead rebuked him.
4. ' The occurrence was alleged to have been seen by the first informant Muhammad Sadiq father of the deceased and Ahmad, maternal-uncle of the deceased. The other evidence is the post- mortem report of the Mst. Bashiran and recovery of blood-stained Toka from the petitioner who was arrested at the spot.
5. ' The petitioner in his statement before the trial Court admitted to have killed the deceased not as alleged by the prosecution but according to his own version, which was that she was carrying on with one Hakam Ali. On the day when she was done to death, the petitioner saw her in his company and thus under grave and sudden provocation killed her. The plea of the petitioner was not accepted by the trial Court or by the appellate Court.
6. Learned counsel for the petitioner argued the case on the plea referred to above. According to him there was sufficient evidence on record to establish the aforesaid plea. It was argued that according to the doctor the deceased was used to sexual intercourse. There was no legal justification to reject the testimony of Mahram Khan who appeared as a defence witness.
7. ' Learned counsel submitted that the girl had gone to the field after having done the make-up. She was wearing a ribbon in her hair. This was sufficient indication that the sole purpose was to meet her lover.
8. ' Learned counsel further submitted that when the prosecution evidence is compared with the defence version, the possibility of the petitioner's version being true cannot be ruled out. Therefore, he is entitled to its benefit by way of reduction in the quantum of sentence.
9. ' We have considered these submissions and have also perused the evidence. The defence has not been able to demolish the ocular version given by Muhammad Sadiq first informant, father of the deceased, and Ahmad her maternal uncle, who fully implicated the petitioner. According to them at 7.30 a.m. They were on their way to the fields; heard shrieks of Mst. Bashiran and saw Nazar Hussain giving Toka blows to the deceased. They deposed that after giving 5, 6 Toka blows, the petitioner ran towards the road alongwith Toka. On their alarm, Rehmat and Murad PWs who were coming from the front apprehended Nazar Hussain, at the spot.
10. Testimony of the eye-witnesses finds corroboration from the recovery of blood-stained Toka from the petitioner. There is another important corroborative piece of evidence and that is the post- mortem report. The doctor who carried out the post-mortem examination noticed six injuries. Out of those, according to the opinion of the doctor, the following four were fatal, individually:--
(1) An incised wound 9 cm x 2 cm x bone cut on the head in oblique position. The anterior end on the right of mid line and the posterior of the wound on the left of mid line.
(2) A cut 23.5 cm x 1.5 cm x brain deep on the left side of head obliquely over the nose and then upper and lower lips on the right side and ending on the right side of the chin, below it the brain was cut, nose and mouth were cut, mouth palate, nasal bone, cheeks and tongue were cut to great depth.
(3) A large cut 16 cm x 1.5 cm x going deep on the medical side of injury No,2, one cm from it. This injury had also cut all the organs and part cut by injury No,2.
(4) The head and neck was compeletely sliced away by multiple sharp-edged blows over base of neck in front applied with great competence into the same cut, time and again, to cut away the neck. The circular cut surface on the trunk measures 14 cm in diameter. Only a tag of skin 1 cm wide left posteriorly with which the head hanged like a rope.
11. ' The dimension and nature of the injuries leave no room for doubt that they could be caused by a sharp-edged weapon like Toka.
12. ' Another factor which goes against the petitioner is that according to the evidence of Mahram Khan, D.W.1, some foot-prints of Hakam Ali were found at the spot. Had it been so then the defence would not have left any stone unturned in getting that evidence preserved because that would have been the best evidence to establish the plea of the petitioner. This was not done. This fact was not even brought to the notice of the A.S.P. Who, according to Mahram Khan D.W., visited the spot.
13. ' We are not going to attach any importance to the casual observation of the doctor that the deceased was used to sexual intercourse. Incidently the report of the Chemical Examiner pertain to the vaginal swa bs was in the negative.
14. So, while applying the doctrine of juxtaposition we have come to the conclusion that the prosecution version is correct. There is not an iota of evidence to support the defence plea. Case against the petitioner has been proved beyond reasonable doubt. As such we have no option but to dismiss this petition for special leave to appeal. Order accordingly.