' RAJA AFRASIAB KHAN, J.--- Riaz Ahmad son of Ramzan was convicted by the learned Additional Sessions Judge, Khancwal, vide his judgment dated 8-10-1986 under section 302, P.P.C. For the murder of Bashir Ahmad and was accordingly sentenced to death plus a fine of Rs,5,000 or in default thereof to undergo R.I. For a period of one year. The appellant has filed this appeal (Criminal Appeal No,197 of 1986) challenging his conviction and sentence. A reference (Murder Reference No,196 of 1986) has been sent by the learned trial Judge under section 376, Cr.P.C. For confirmation of the death sentence of the appellant. We propose to dispose of both the matters together by this judgment.
2. Shortly stated, the prosecuton story is that Shamir son of Sultan, is theresident of Chak No,78/10-R and cultivates the land of one. Mumtaz Khan. On 31-5-1985 at about 11-00 a.m. He alongwith Bashir Ahmad son of Manzoor was going to Chak No,78/10-R through Square No,13. When they reached Killa-No,3 of Square No,14, the appellant Riaz armed with a knife emerged therefrom and immediatley thereafter shouted that he would take revenge of his insult and would not leave him (Bashir Ahmad) alive. The appellant caused a blow with his knife which landed on the chest of Bashir Ahmad. On receipt of the injury, Bashir Ahmad fell down. On the alarm of complainant, Pathana son of Ghulam and Rashid son of Mathel reached the spot and witnessed the occurrence.
On arrival of the witnesses, the appellant ran away alongwith his weapon.
' The motive for commission of the crime is that on the day of occurrence, at about 9-00 a.m., Moongi crop of the complainant party was damaged by the appellant. Upon this, the parties quarrelled with each other. However, the people intervened and separated them. On account of this grudge, Bashir Ahmad was subjected to attack and injuries by the appellant.
3. Muhammad Bashir S.I. P.W.8 on 31-5-1985 received a letter Exh.P.E. From the doctor disclosing that Bashir Ahmad had been stabbed and that he was already admitted in the hospital. Another letter Exh.P.F. Was received by the Police Officer from the same doctor saying that condition of the injured was serious and that he had been sent to Nishtar Hospital, Multan, for his further treatment. Bashir Ahmad died in the hospital on 31-5-1985 at about 4-00 p.m. And again this information was conveyed by the doctor to the Police Officer vide letter Exh.P.G. In the meantime, Investigating Officer reached hospital and recorded the statement Exh.P.D. Of the complainant Shameer at 4-10 p.m. And it was sent to the police station for registration of a case. On the basis of Exh.P.D. Formal F.I.R. Exh.P.D./1 was recorded by Ata Muhammad A.S.I. P.W.9. The injury statement Exh.P.H. And inquest report Exh.P.J. Of the deceased were prepared by the Investigating Officet. The dead body was sent for post-mortem examination through Karam Dad F.C. P.W.7. Statements of Pathana, Rashid and Iftikhar under section 161, Cr.P.C. Were recorded by the wintess. Last-worn clothes of the deceased shirt P.1, Shalwar P.2 and Safa P.3 were produced before the Investigating Officer by Karam Dad Constable P.W.7 and were taken into possession vide memo. Exh.P.B. The site was inspected by the Police Officer and he also arrested the accused on the same day. On 3-6-1985 while in police custody, the accused led to the recovery of blood-stained knife P.5 which was taken into possession vide memo. Exh.P.C. Positive reports of the Chemical Examiner Exh.P.N. And that of Serologist Exh.P.O. Were tendered in evidence.
4. Dr. Muhammad Arshad P.W.10 on 31-5-1985 at 12-30 p.m. Examined Bashir Ahmad injured and found the following injury on his person:--
(1) A stab wound on the left side of the chest 2 c.m. x 1 c.m. x probing not done. 3-1/2 c.m. Lateral to the left nipple.
' It was opined by the doctor that the patient was in a state of shock. His pulse was feeble and blood-pressure was 90/60. The condition of the patient was serious. In the opinion of the doctor the injury was the result of sharp-pointed weapon and had been inflicted within 1/2 hours. Nature of the injury was kept under observation and X-Ray was advised.
' The same day at about 4-00 p.m. Bashir Ahmad died in the hospital and his dead body was subjected to post-mortem examination by the doctor at 5-00 p.m. And following injury was found:- - "(1) A stab wound (stitched and was measured after cutting the stiches) 2 c.m. x 1 c.m. On left side of the chest in oblique direction 3-1/2 c.m. Lateral from the left nipple.
' On its dissection it was found that the weapon had penetrated the entire thickness of medial border of middle lobe of left lung which had also penetrated pericardium and left ventricle, left chest cavity was full of blood."
' In the opinion of the doctor, death occurred on account of hemorrhage as a result of the stab wound found on the left side of chest of deceased which penetrated the left lung and left ventricle of his heart. The injury was caused by a sharp-pointed weapon and was ante-mortem. It was found that the injury was sufficient to cause death in the ordinary course of nature. Probable time between injury and death was about 4/5 hours and that between death and post-mortem examination was one hour. In cross-examination the doctor observed that the said injury could not be the result of a pen or an ordinary knife.
5. Eye-witness account in the case has been provided by Shameer P.W.4 and Pathana P.W.S. The witnesses supported the prosecution case in its material particulars.
' The appellant while making a statement under section 342, Cr.P.C. Denied the allegations levelled against him and pleaded his innocence. He made a detailed statement of his own which is as follows:-- "In fact my cattle had trespassed into the lands of complainant Shamir and had caused damaged to his Moongi crop for which complainant Shamir had given me abuses. In return, I also abused him. Bashir Ahmad deceased was not there at that time. Because in return I had given abuses to the complainant Shamir. He had threatened me that he will teach me a lesson on the same day for his insult. After that I took my cattle to my house. From my house I then went to the village Abadi. At the time of occurrence I was returning from the village Abadi to my house. Deceased Bashir Ahmad alongwith two other persons who are not known to me were hiding on my way. When I reached near the place of occurrence Bashir Ahmad and two other persons grappled with me. I was given abuses. Bashir Ahmad deceased with his two other companions put a Safa around my neck and tried to strangulate me. Apprehending danger to my own life I brought out the knife and inflicted the knife blow on the person of Bashir Ahmad in exercise of right of my self-defence. In this way, I have not committed any offence."
' No evidence in fence was led by the appellant to prove his plea of self-defence.
7. Learned counsel for the appellant was wholly unable to challenge the conviction registered against the appellant. Learned counsel maintains that it appears that the occurrence took place at spur of moment and that there was absolutely no element of premeditation on the part of appellant to commit the offence. He, therefore, says with vehemence that this is a fit case for grant of lesser penalty in view of the peculiar facts and circumstances of the case. The learned Assistant Advocate-General supported the conviction and sentence recorded against the appellant vide judgment dated 8-10-1986.
7. We have heard the leaved counsel for the parties and have gone through the entire record with case. The occurrence has not been denied by the appellant but on the contrary, he has taken the plea of self-defence saying that his animals trespassed into the fields of the complainant P.W.4 and that they caused damage to his Moongi crop and on account of this the complainant hurled abuses at him. In return, the appellant also abused the complainant. He disclosed that the deceased Bashir Ahmad was not present at that time. The complainant issued threats and declared that the appellant would be taught a lesson because of his naked insult to him.
According to the version of the appellant, on his return to village, he was attacked by Bashir Ahmad along with two other unknown persons. The assailants and the appellant grappled with one another. The appellant was ultimately held and a Safa around his neck was tied with an intention to strangulate him to death. The appellant apprehended an immediate serious danger to his life and as such he took out a knife with which he inflicted an injury to Bashir Ahmad in exercise of his right of self-defence. From the statement of the appellant, the occurrence is admitted with a plea that he in self-defence inflicted an injury to the deceased with his knife and that he committed no offence. However, in our considered opinion the appellant did not at all succeed in proving his right of self-defence. No evidence whatsoever was led by the appellant regarding his plea of self- defence. On the contrary, it is established beyond doubt that it is a case of murder pure and simple. Shamir P.W.4 and Pathana P.W.5 have supported the prosecution version in its minor details. There is absolutely nothing on record to disbelieve them. We are convinced that they are the truthful witnesses. The evidence deposed by eye-witnesses inspires confidence and is worth reliance. The learned counsel did not at all challenge their veracity as truthful and reliable witnesses. Their evidence has thus been found above board by us. The knife P.5 was recovered at the instance of the appellant and was found to he stained with human blood. Even otherwise, the appellant did not deny the recovery of knife at his stance. The evidence of Dr. Muhammad Arshad P.W.10 is wholly in line with the ocular account of P.W.4 and P.W.5. This being so, it is established beyond any shadow of doubt that it was the appellant who killed Bashir Ahmad by giving him an injury with his deadly weapon on his chest. In our view, the prosecution has brought the guilt home to the appellant. Bashir Ahmad was admittedly empty handed and as such there was absolutely no justification with the appellant to inflict an injury to him with a deadly weapon like knife. His plea that he exercised his right of self-defense in ' killing Bahsir Ahmad in order to save his life, is not at all supported by the facts and circumstances of the case in hand as already observed earlier. Admittedly, no marks of violence were found around the neck of the appellant to support his plea that his neck was tied with piece of cloth and that he was likely to be strangulated to death by the deceased. Even otherwise, this is not the case of the appellant that there were some marks of violence around his neck. It, therefore, appears to us that plea of the appellant is afterthought and is surely false on the face of it. In B our considered view, the appellant was rightly convicted by the learned trial Judge. Regarding the quantum of sentence, we have noted that the appellant is a young man of 22 years. He inflicted only one injury to the deceased with his knife and did not repeat it although he was certainly in a position to do so.
At any rate, it is not a case of cruel or gruesome murder. We are of the view that the occurrence took place on account of exchange of abuses between the parties at spur of moment or little later.
In the circumstances, we consider it a fit case for grant of lesser penalty to the appellant. We, therefore, refrain from confirming his death sentence. The death sentence of the appellant is altered to life imprisonment under the circumstances. The murder reference is answered accordingly. The sentence of fine is also maintained. The benefit of section 382-B, Cr.P.C. Shall be given to the appellant.