TANVIR AHMAD KHAN, J.- Muhammad Yasin filed Criminal Appeal No.209/85 against the judgment dated 25-11-1985 passed by the leamed Additional Sessions Judge, Multan, whereby he convicted him (appellant) under section 302 PPC for the murder of Mst.Nasreen, his wife and sentenced him to death. He was also ordered to pay fine of Rs.20,000/- or in default to undergo R.I. For 5 years. The fine, if recovered, was directed to be paid to the legal heirs of the deceased as compensation. The appellant was also convicted under section 307 PPC for causing injuries to Mst.Haseena and Mst Perveen and was sentenced to 10 years R.I. On each count with a fine of Rs.5000/- and in default thereof to undergo R.I. For a period of 2 years. The fine, if realized, was ordered to be paid to the injured as compensation. He was also convicted under section 324 PPC for causing injuries to Mst.Shaheen and Mst Zarine and was sentenced to one year R.I on each count. All the sentences were ordered to run concurrently.
2. M.R.No.6-86 has also been submitted under section 374 Cr.P.C to this Court for confirmation of death sentence. Both these matters are being decided by this judgment.
3. The prosecution case, according to FIR Ex.PJ, which was recorded on the statement of Saifullah P.W, the father of Mst.Nasreen (deceased) at Police- Station Sadar, Multan, on 10.9.1984, at 12.00 Noon, was that he had married his daughter Mst.Nasreen 8/9 years prior to the alleged occurrence to the appellant. Out of this wedlock two children, a boy and a girl, were born. Allah Wasaya, the father of the appellant, had given a plot of 3 marlas in lieu of her dower through registered deed.
The appellant was pressurising his wife Mst.Nasreen that she should transfer the plot in his name, which she declined. The relations between the spouses became strained. Resultantly Nasreen came to the house of her father one month prior to the occurrence. On the fateful day i.e. 10.9.1984, the appellant came to the house of the complainant at 10.00 a.m. After usual greetings the complainant went to fetch milk for tea from a hotel of Muhammad Shafi P.W. He heard shrieks from his house. Thereupon in the company of P.Ws he rushed to his house. There they saw the appellant causing injuries to Mst. Nasreen by means of scissors. Mst.Haseena, wife of the complainant, and his three daughters, namely, Shaheen, Perveen and Zarina tried to intervene but they too were given injuries by the appellant. Thereafter the appellant fled away from the place of occurrence.
Mst. Nasreen died at the spot.
The immediate motive, according to the prosecution, was that the appellant was insisting to take Mst.Nasreen with him but the latter refused to accompany him which caused annoyance.
The injured were taken to Nishtar Hospital by Muhammad Shafi P.W., where they were medically examined by Dr.Iqbal Ahmad(P.W-l). Mst.Haseena, wife of the complainant, was examined at 10.15 a.m. And the doctor found the following injuries:-
1. Incised wound 1x1/2 cm longitudinally placed on the front of left forearm, 9 cm above left wrist, muscle deep, bleeding.
2. Incised wound 4x1/2 cm, transversally/oblique on left upper arm outer surface, 7 cm above left elbow, muscle deep, bleeding.
3. Incised wound 1 x 1/2 cm vertically oblique on the back of left forearm, 6 cm above left wrist muscle deep bleeding.
4. Incised wound 1 x 1/2 cm longitudinally placed on the back of left hand, 1 cm distal to left wrist, skin deep, bleeding.
5. Incised wound 2h x 1/2 cm obliquely placed left side of abdomen, 6 cm from the umbilicus, 5 cm from mid line, 5 cm from left lower rib, depth kept under observation, bleeding.
There were corresponding cuts on the shirt of the injured. All the injuries were caused by sharp- edged weapon and injury No.5 was declared grievous. Medical report is Ex.PB.
Mst.Shaheen Bibi had the following two injuries:-
1. Incised wound 9 x 1 cm crescentic shape around the ulnar porder of right hand, 3 cm distal to the right wrist, depth was kept under observation. Bleeding. X-Rays were advised.
2. Incised wound lxl/2 cm vertically oblique on the back of left forearm, 5 cm proximal to left wrist, muscle deep. Bleeding.
Both the injuries were of simple nature caused by sharp-edged weapon. Her medical report is Ex.PC.
Mst.Zarina Bibi, another young girl of 8/10 years, had the following injury on her person:-
1. Incised wound 5 x 1 cm vertically oblique on the front and outer part of right forearm lower most part extending to the palm of right hand, muscle deep. Bleeding.
This injury was also of simple nature caused by sharp edged weapon. Her medical report is Ex. PD.
Mst.Perveen yet another daughter of the complainant aged I6 years had one incised wound of sharp-edged weapon on the left side of her abdomen. This injury was grievous in nature caused by sharp edged weapon. Her medical report is Ex.PE.
4. The Investigating Officer Muhammad Bakhsh P.W, after recording the FIR Ex.PJ, reached the spot, where the dead body of Mst.Nasreen Bibi was lying. He prepared the injury statement Ex.PM and inquest report Ex.PN of the deceased. He transmitted the dead body for post-mortem examination through Muhammad Arbab Constable (P.W.6) to the hospital. He also took into possession blood- stained earth from the spot vide recovery memo Ex.PK. Postmortem examination was conducted by DrAkbac Saeed(P.W-14) on the next date at 8.30 p.m. He found the following injuries on her person:
1. There was an incised wound 4 cm x 1 cm x bone deep. Bone stretched, just above the base of the left ear on the left side of head.
2. An incised wound 1h cm x 1 cm x 2 cm on the back of the neck 3 cm to the right of its middle and 1h cm below the ear line.
3. An incised wound 2 cm x 1 cm which was leading into the structure of the neck and which was located on the right side of the neck 4 cm above the clavicals and 6 cm from the middle of neck on front.
4. An incised wound 3 cm x 1 1/2 cm and it had travelled superficially from right to left and was located to the top of over the top of shoulder line 6 cm away from the root of the neck.
5. Incised wound 1 1/2 cm x 1 cm x muscle deep on the left front of chest 4 cm below the clavial and 9 cm away from the middle of sternum.
6. An incised wound 2 cm x 1/2 cm which was leading deep into chest cavity on the right back of chest 9 cm away from the spine and 4 cm below the lower border of scapula.
7. An incised wound 2 cm x 1/2 cm which was leading into the abdominal cavity and was located over the back of abdomen 5 cm away from the spine, and 7 cm below the injury No.6.
8. An incised wound 2 cm x 1/2 cm x muscle deep 4 cm to the right of spine and 2h cm below injury No.7.
9. An incised wound 3 cm x 1/2 cm x muscle deep on inner and lower part of left buttock.
10. An incised wound 2 cm x 1/2 cm x muscle deep on the outer and lower side of left buttock.
11. An incised wound 2 cm xh cm x skin deep on the back of left forearm 4 cm below joint.
12. An incised wound 1 cm x 1/2 cm skin deep on the inner side of proximal digit of the left index finger.
13. An incised wound 1 cm x 1/2 cm into muscle deep on the front of right upper arm 9 cm below the top of the shoulder.
There were corresponding cuts under injuries No.4 to 11. According to the doctor, the death was due to shock and haemorrhage resulting from injuries No.3 to 6. The prbbable time between injuries and death was 15 to 20 minutes and between death and postmortem about 24 hours. Ex.PS is the correct carbon copy of the postmortem report.
After postmortem examination Muhammad Art>ab(P.W-6) produced last worn bloodstained clothes of the deceased-Shalwar PI, Dopatta P2, shirt P3 and brassiere p4. They were taken into possession vide recovery memo. Ex.PH.
He also recorded the statement of the injured iadies at Nishtar Hospital Multan after securing their fitness certificates.
The accused was arrested on 12.9.1984. He led to the recovery of bloodstained scissors P5 from the graveyard known as Pir Ghorcyshah from beneath Sarkanda bushes on 14.9.1984. This was taken into possession vide recovery memo Ex.PL. He got prepared sitcplan Ex.PG, PG/1 and PG/2 through Anwar Hussain Draftsman (P.W-5). He also took into possession blood-stained clothes of Mst.Haseena Bibi, Shahcen Bibi and Perveen Bibi vide recovery memo Ex.PQ.
5. The prosecution examined 14 witnesses to establish its case. The ocular account in this case has been stated in its material particulars by Saifullah (P.W-7), Mst. Haseena Bibi (P.W-8) and Muhammad Shafi (P.W-9). The complainant Saifullah had reiterated his stance earlier taken by him in the FIR. He had also stated about the motive of the aforesaid occurrence. Mst.Haseena Bibi is an injured witness. She suffered as many as five injuries on her person, one of which was declared grievous. Her presence at the spot cannot be doubted. She has meticulously stated the manner in which the appellant inflicted the injuries on the deceased as well as on her daughters. Muhammad Shafi is an independent witness. He has got no animus whatsoever against the appellant. He has also supported the prosecution case in all its material particulars. They all stood the test of cross- examination successfully.
6. The recovery of blood-stained scissors P5 has been established through the testimony of Abdur Rehman Shah (P.W-10/.Alongwith Muhammad Bakhsh Investigating Officer. Chemical Examiner's report Ex.PT and report of Serologist Ex.PU have been brought on record and, according to these reports, the incriminating weapon was stained with human blood.
7. When the appellant was examined under section 342 Cr.P.C, he had admitted the occurrence but had put forward a different version. He stated that he married with Mst.Nasreen deceased 8/9 years earlier. Two children were born out of this wedlock. The complainant earlier resided at Chah Mohanianwala where the deceased developed intimacy with Wali Muhammad of Police-Station Kotwali,Multan. Further stated that one of the houses belonging to his father was rented out to one Bashir Ahmad, who later on gave its possession to his brother- in-law aforesaid Wali Muhammad.
Subsequently, Mst.Nasreen filed a suit for dissolution of marriage at the instance of said Wali Muhammad. However, the same was withdrawn and they started living amicably. The aforesaid Wali Muhammad Thanedar threatened to involve the appellant and other members of his family in different cases. The applications were given to the higher authorities against Wali Muhammad and consequently he vacated the house. It was the case of the appellant that a day earlier, his wife Mst.Nasreen came to her father's house. On the fateful day, i.e. 10.9.1989, he came to take her back at 9.00 a.m. He saw his children alongwilh his mother-in-law Mst.Haseena P.W and sisters-in-law in the courtyard of the house. He heard his wife talking inside the Bathek to some one. Thereupon he entered the Bathek and found his wife in an objectionable condition with Wali Muhammad Thanedar. He abused Wali Muhammad who slipped away from the spot. Mst.Nasreen rushed out in the courtyard. He asked her to accompany him to his house which she refused. Thereafter he caught one of her hands and started dragging her outside. All the ladies i.e. Mst.Haseena his mother-in-law alongwith her three young daughters pounced upon him. His plea was that under grave and sudden provocation as also to save his own life from the attack of the ladies, he inflicted injuries with scissors which was lying in the courtyard. He also produced 5 defence witnesses to establish the factum of applications given against Wali Muhammad Thanedar for the vacation of the house belonging to the appellant's father. Allah Wasaya DW5 the appellant's father also stated about the applications given by him to the higher authorities against Wali Muhammad with a view to get his house vacated. He also admitted that one of these applications was Ex.DW4/A which bore his thumb impression. He also referred to the development of illicit liaison between Wali Muhammad and Mst.Nasreen deceased. He admitted that he gave a plot of three marlas to Nasrecn deceased in lieu of her dower. He also admitted in response to the Court question that after this occurrence he had never made any application against Wali Muhammad Thanedar to the effect that he was pursuing the investigation against the appellant nor he had ever made any application before any police officer or Martial Law Authorities that Wali Muhammad had illicit intimacy with Mst.Nasreen deceased.
8. Learned counsel for the appellant has argued that none of the eyewitnesses except Mst.Haseena P.W. Was present at the spot at the time of occurrence. He has contended mainly that the alleged occurrence had taken place under grave and sudden provocation when the appellant saw his wife in an objectionable position with Wali Muhammad Thanedar. He also took the stance that the appellant was attacked by all the four ladies present in the house while he was trying to take Mst.Nasreen to his house. Consequently under grave and sudden provocation as well as in the exercise of right of private defence, he inflicted injuries which, according to the learned counsel had not been appreciated by the learned trial Court in its true perspective.
9. We have considered the contentions and have perused the record with the assistance of the learned counsel. The occurrence in this case has been admitted by both the sides. However, the defence has put forward a different version by taking two pleas. The first plea taken by the defence is that the appellant saw his wife Mst. Nasreen in an objectionable position with Wali Muhammad Thanedar and thereupon under grave and sudden provocation inflicted these injuries. This plea has simply been advanced but nothing has been brought on record to substantiate the same. It has got no legs to stand upon. The appellant himself has admitted that his own children as well as (he other ladies were present in the house. According to his own statement, none stopped him from entering the Bathck where only a curtain was hanging. It is highly unbelievable that at that time of the day the unfortunate lady would indulge in such a nefarious act in the presence of all the inmates. Had there been any truth, certainly the door would have been bolted from inside or otherwise the inmates would not have allowed the appellant to enter the Bathek. The entire reading of the defence testimony would bring nothing on record except the fact that the accused party secured the vacation of the house occupied by Wali Muhammad Thanedar through submission of applications to various authorities) Allah Wasaya DW-5, the father of the appellant, had also admitted to a Court question that he never made any application before any police Officer or Martial Law Authorities to the fact that Wali Muhammad had developed illegal intimacy with Mst.Nasreen. Secondly, had there been any truth the appellant would not have spared Wali Muhammad. He on his own showing even did not shout at him nor raised any alarm, the least which could be expected in such a situation. On the contrary, according to him, he was insisting the deceased lady to accompany him to his house. We are not prepared to believe that Mst.Nasreen would have called her paramour for this nefarious act at such an hour of the day in the presence of her all family members. This plea has simply been tailored to avoid the liability of this heinous act committed by the appellant. The other plea that the appellant acted in the right of his self defence when he was attacked by the ladies, is devoid of any force. It does not inspire any confidence whatsoever. The appellant acted in a most cruel manner and caused as many as 13 injuries to the deceased apart from injuring her mother Mst.Haseena Bibi P.W and her three sisters, namely, Shaheena Bibi, Zarina Bibi and Perveen Bibi. The intervention of the ladies to save Mst.Nasreen was natural. They only intervened when they saw the appellant inflicting injuries to her. This stance of the appellant is simply belied by the fact that he did not sustain a single scratch on his person. The prosecution, on the contrary, has established ocular account beyond any doubt in all its material particulars through the testimony of Saifullah (P.W-7), Mst.Haseena (P.W-8) and Muhammad Shafi (P.W-9). The presence of Saifullah in his house at the time of occurrence was natural. He has given all the details and the manner in which the injuries were inflicted by the appellant. Similarly, Mst.Haseena Bibi who suffered as many as 5 injuries on her person had also given minute details of the occurrence. Her presence has even been admitted by the appellant as well. There is no reason to disbelieve the testimony of this injured lady. The last eye-witness is Muhammad Shafi who is completely an independent witness. He had got no animus whatsoever against the appellant.
There is no earthly reason for this witness to implicate the present appellant in this heinous offence entailing capital punishment. His presence is also established on record. It was he who took all the injured ladies to the hospital and this factum stands established from the entry of his name in the medical certificate issued respecting the injured. These eyewitnesses stood the test of cross- examination successfully and the defence failed to shatter their testimony. According to us, the ocular account has been established beyond any doubt.
10. As far as the motive is concerned, that also stands proved through the testimony of Saifullah(P.W-7) wherein he has stated that Allah Wasaya, thefather-in-law of the appellant, transferred three marlas of land in lieu of her dower to Mst.Nasreen through the registered deed.
The factum of transfer of plot had also been admitted by Allah Wasaya DW-5.
11. The recovery of blood-stained scissors has been proved and, according to the report of Serologist Ex.PU, the same was stained with human blood. Resultantly, keeping in view the ocular account, the medical evidence, the motive, and the recovery of incriminating article, we are of the opinion that the prosecution has successfully established its case against the appellant. There is no extenuating circumstance as far as the sentence is concerned. The appellant acted in most brutal manner causing as many as 13 injuries to the deceased apart from injuring the other inmates of the house. For the aforesaid reasons, we dismiss the appeal and confirm the death accordingly.