This is an appellant from the judgment of the learned Sessions Judge Karachi, convicting the appellant for an offence under section 307, P. P. C, and sentencing him to undergo R. I. For three years, arising in the following circumstances.
2. The appellant's sister by the name of Azra Shamim was married to complainant Furqan Baig. The latter lives in Qasba Colony, Karachi, with his wife and other family members including his brother Ahsan Beg. The prosecution story is that on the mid-night of 29-5-1970, the appellant turned up at the house of his brother-in-law to take away his sister Azra Shamim as the condition of his sister Ishrat was precarious. The two had left for the bus stop but no conveyance was available and they were brought back to the house by Ahsan Beg. It was here that the appellant is stated to have alleged that Farooq Beg had ravished his sister Ishrat. In the meantime, Furqan Beg had come out of the house and was given a number of knife blows by the appellant. It is alleged that Ahsan Beg had tried to intervene in the quarrel and was struck with the knife on his abdomen. His intestines came out. Hafiza Bano the mother is also stated to have been hit by the appellant. The inmates of the house and some neighbours had been attracted by the cries and the appellant is stated to have been secured by them. Ahhan Beg and Furqan Beg were taken to the hospital and another thereafter a report was lodged with the police. The appellant was produced before the police alongwith the knife and was arrested. The A. S. I. Recorded the statements of the witnesses and took the appellant to the Police Station. After due investigation, the case was sent up in the Court.
3. The appellant in his statement at the Court of enquiry admitted going to the house of the complainant and taking his sister to the bus stop and returning from there to the complainant's house. He however denied causing any injury. At the trial Court, Inter alia, he stated asunder:- . . The facts are that on that night I was asked by my parent to bring home my elder sister Azra Shamim to my house as my younger sister Ishrat Shamim was very ill. I went to the house of Furqan Beg and his mother permitted my sister Azra to accompany the to my house. It was about 1-30 a.m. While I and my state went to the bus stop Ahsan Beg met us. Ahsan Beg asked me why was I taking my sister at that time. I told him that his brother Furqan Beg had committed rape on my younger sister Ishrat and would file a case against him. Ahsan Beg took the and my sister to his house on the pretext that he will make enquiries from Furqan Beg When we reachedtheir house Azra want inside and Ahsan Beg called Furqan Beg from the house. I and Ahsan Beg were standing outside the house. Furqan Beg carne out and his brother Ahsan Beg told him about my allegation.
Furqan Beg abused me. I got enraged and gave him a flat blow. He fell down on the rubbish which was lying there. He raised cries. Ahsan Beg grappled with nce. Their father Irfan Beg, who was drunk, came out of the house on commotion. He was holding a chhuri in his hand. Irfan Beg assaulted me but I evaded the blow and it fell on Ahsan Beg who cried to his father that he had caused him injuries. I caught the hand of Irfan Beg. By that time his wife came out. She caught hold my throat and beat me, I bit her in order to free myself. Several persons came there and they caught me. I do not know how did Furqan Beg receive the injury, Police came on the scene, and took me away at 2 am,"
3-A. The injuries on the person of Furqan Beg are as under:--
(1) Incised wound left lumber 4" x 2' x cavity deep suspected edges sharp with cut on shirt.
(2) Incised wound left side back above scapula 3" x 1'' x muscle deep edges sharp with cut on shirt.
(3) Incised wound left thigh front mid-part 1/3" x -- " x muscle deep edges sharp with cut on pyjama.
The injuries, according to the Medical Officer, were simple in nature and had been caused by a sharp-edged weapon.
4. Ahsan had the following injury:--
(1) Incised wound left side abdomen 2" away from the umbilicus 2" x -- " x cavity deep intestines out edges sharp.
5. The evidence against the appellant consists of the testimony of Ahsan and Furqan Beg the two injured. Then there is the evidence of. Azra Bano wife of Furqan beg, Saeeda Bano wife of Ahsan Berg, Hafiza Bano, the mother, acid Irfan Beg the father of the two injured.
6. There is also the evidence of motive. Ahsan Beg is stated to have brought back the appellant and Azra Bano from the bus stand. It was when they had reached near the house, that the appellant wanted them to bring Furqan Beg. When Furqan Beg appeared outside the house, the appellant shouted out that he had raped his younger sister Ishrat. Ahsan Beg has stated in this examination-in-chief that the appel--lant, in spite of the denial of Furqan Beg, took out knife from the pocket of his pant and caused two injuries to Furqan Beg, and when he tried to come to the rescue to his brother, the appellant caused him a knife injury on his abdomen. He raised cries. His parents came out from the house and they had overpowered the appellant with the help of the people of the locality. In the cross-examination, he admitted that there was no dispute between the parties before the incident However, he conceded that during the struggle between him and the appellant, the latter had slipped on the mud and had been hurt with the knife by accident.
Furqan also had mentioned the attack on himself and his brother Ahsan Beg, but was not sure as to what was the weapon used. He also mentioned the presence of the family members can the cries arid the turning up of some of then people from the neighbourhood. Out of these neighbours, Lal Khan, Suleman and Abdul Hameed were amongst them. He also added that souse glass; pieces were lying at the wardat, and that there was darkness at the time of incident. He further added that "I have no grudge against the injuries clue to the fall on glass pieces". However, Hafiza Bano and Irfan Beg attributed the injuries to the appellant. Even Mrs Shamim who is the real sister of the appellant Stated that he had charged her husband that he had raped his sister Ishrat and thereafter had given two blows to Furqan Beg. She also ascribed the injury on Ahsan's abdomen to the appellant. Nothing worthwhile was elicited from her in the cross-examination except that it wig dark at the time of incident. Saeeda Bano, on her own showing, was at the door of the house which was half-closed, stated that she could not say who 1188 caused the injuries and to whom.
7. It is true that no body apart from the family members has been examined. It also appears that some of the witnesses have softened down taut still the evidence of the witnesses and the Medical Officer, as ore 'the record, shows that the injuries had been inflicted by the appellant and were not accidental in nature. It is also to be seen that the appellant was appre--hended at the spot and was later produced before the police officer. The salient features, of the case and the presence of the main witness are also admitted by the appellant himself The appellant in his statement at the Court of enquiry was completely silent about the accidental nature of the injuries and his version at the trial was an afterthought and would not pass muster. Ever the motive has been clearly established. It was the suspicion that his brother-in-law had ravished his own sister-in-law who was appel--lant's sister. As the matters stand, nothing will turn up on the non---examination of the neighbours who would have certainly turned up after the incident. I am clearly of the opinion that the case against the appellant has been proved beyond any reasonable doubt.
8. However, the evidence of the Medical Officer does not shove that the injury on Furqan Beg which was the only grievous injury could be fatal. I am, therefore, of the opinion that the case made out against the appel--lant would fall under section 326, P. P. C. And not under section 307, P. P. C.
9. I would, therefore, alter the conviction from section 307, P. P. C. To section 326, P. P. C. It is to be seen that the appellant at the time of attack was worked up with the feeling, rightly or wrongly, that Furqan Beg had ravished his sister-in-law. The provocation would not be grave and sudden, but he wanted to redeem the honour of the family. It also appear that at the time of incident, he was a student of college. He had already remained in jail for a period of about 18 months as would be found from the judgment of the trial Court. He would have also remained in jail after the pronouncement of the sentence awarded to him.
10. I am, therefore, of the opinion that the sentence already undergone by him is sufficient to meet the ends of justice. With this modification, the appeal is dismissed. The bail bonds furnished, stand cancelled. Orders accordingly.