1. ' RASHID AZIZ KHAN, J.--- Muhammad Hussain son of Muhammad Rafique, 24 years of age, was sent up for trial by Police Station Basirpur, District Okara, for an offence under section 302, P.P.C. For causing death of his mother-in-law Mst. Sakina Bibi and for murderous assault on his wife Mst.
2. Sharifan Bibi and his brother-in-law All Muhammad. Sessions Judge, Okara, vide his judgment, dated 9-8-1990 convicted and sentenced him under section 302, P.P.C. To death with a fine of Rs,10,000, or in default one year's R.I. He was further convicted and sentenced under section 307, P.P.C. On three counts to five years' R.I. With a fine of Rs,3,000 or in default of fine R.I. For six months on each count. It was also directed that the amount of fine, if recovered, shall be paid to the legal heirs of the deceased and to the injured. The convict has appealed. The matter is also before us for confirmation of death sentence. Both the matters will be disposed of by this judgment.
2. According to the prosecution allegations, as disclosed in F.I.R. Exh.P.F., Ali Muhammad. First informant's sister Mst. Sharifan Bibi was married to Muhammad Hussain. On 23-7-1989, said Muhammad Hussain came to them and wanted his wife Mst. Sharifan Bibi to company him but first informant's mother Mst. Sakina Bibi said that they were sowing rice crop, therefore, he could take his wife along afterwards. On 24-7-1989 at morning time, Muhammad Hussain threatened that if they did not send his wife with him, he would murder them, and went away. Same day in the afternoon, he again came, took out Khanjar and directed his wife to accompany him, who replied that she would accompany him after getting permission from her mother. Whereupon, Muhammad Hussain gave two blows with his Khanjar on the thigh of Mst. Sharifan Bibi. First informant's mother Mst. Sakina Bibi stepped forward to rescue her daughter, whereupon Muhammad Hussain gave two injuries with dagger in the abdomen of Mst. Sakina, who fell down.
3. The first informant came forward to rescue his mother and sister. He was also given two blows with dagger on his arm and back. The commotion attracted Qadir Bakhsh to the spot who was also given a dagger blow in his left flank and right forearm. After the occurrence, the accused ran away from the spot.
4. ' Complaint Exh.P.O. Was lodged by All Muhammad, P.W.10 on 25-7-1989. It was recorded by Muhammad Waris, A.S.I., P.W.15 in the Buttock Hospital, at 8-5 a.m. Formal F.I.R. Exh.P.F. Was drawn by Shah Nawaz, A.S.I., P.W.4 the same day at 8-30 a.m. With regard to an occurrence which took place on 24-7-1989 at Asarwela in the courtyard of the house of All Muhammad, P.W.10, situated in village Deepsingh, four K.M. From Police Station Basirpur.
5. ' P.W.13 Dr. Muhammad Iqbal Shamim, S.M.O., Civil Hospital, Haveli, on 25-7-1989 conducted the post-mortem examination on the dead body of Mst. Sakina Bibi and found two stab wounds in her abdomen. In his opinion, death had occurred due to shock and haemorrhage. Injuries Nos.1 and 2 were sufficient to cause death individually as well as collectively in the ordinary course of nature.
6. Both the injuries were dangerous to life caused with sharp-edged weapon. They were ante- mortem as well.
7. ' Dr. Abid Mehmood, M.O. R.H.C. Buttock Basirpur, P.W.5, on 24-7-1989 at 11-30 p.m., medically examined Mst. Sakina Bibi and found two stab wounds.
8. ' On the same day, he medically examined Qadir Bakhsh and found two incised injuries. Injury No,2 was declared dangerous while the other was declared simple.
9. ' On the same day he also medically examined P.W. Ali Muhammad, aged 16 years, and found an incised wound 10 c.m. x 4.5 c.m. On the right forearm, and a stab wound 4.5 c.m. x 1.5 c.m. On the back and left side of abdomen.
10. ' On the same day, he also examined Mst. Sharifan Bibi and found two incised injuries. Later on, both the injuries were declared ' The same doctor on 25-7-1989 medically examined Muhammad Hussain, convict, and found the following injuries:--
(1) Laceration 1.5 c.m. x 0.4 c.m. Scalp deep with swelling 5 c.m. x 4 c.m. On the back of left side of head.
(2) Lacerated wound 1 c.m. x 0.2 c.m. Horizontal margins inverted on the outer part of left eyebrow.
(3) Small lacerated oval wound 0.6 x 0.5 c.m. Edges inverted depth uncertain on the lower and outer part of left thigh.
(4) Small oval lacerated wound 0.6 c.m. x 0.5 c.m. Edges inverted depth uncertain on the lower part of front of left thigh.
11. ' All the injuries were simple in nature. Injuries Nos.1 and 2 were caused with blunt weapon, and injuries Nos.3 and 4 were caused with fire-arm.
12. ' Muhammad Waris, A.S.I., P.W.15, on 25-7-1989 went to hospital and drafted complaint Exh.P.O. On the statement of Ali Muhammad, P.W., and sent the same to the police station for registration of a case. In the same hospital, he also recorded statements of other injured eye-witnesses. He also took into possession blood-stained earth vide memo. Exh.P.M. He learnt that Mst. Sakina Bibi, injured, had been referred to D.H.Q. Hospital, Okara. He immediately did not go to Okara as he received information that the accused person had been arrested in the adjoining village. He formally arrested and thereafter sent him for medical examination as he was injured. He learnt about the death of Mst. Sakina Bibi, therefore, he prepared her inquest report Exh.P.S. And injury statement Exh.P.T. And sent the dead body for autopsy. On 29-7-1989, the accused while in custody got recovered blood-stained dagger P.4 from a maize crop, which was secured vide memo.
13. Exh.P.Q. He got site plans Exhs.P.L and P.L./1 prepared from the draftsman and gave his notes in red ink thereunder.
3. Prosecution in support of its case produced 16 witnesses in all. P.W.1 Dr. Muhammad Rashid Bhatti had given a certificate that Mst. Sakina Bibi was not in a fit state to make statement. Dr. Abid Mehmood, P.W.5 had examined the injured witnesses as well as Mst. Sakina Bibi while she was injured. Dr. Muhammad Iqbal Shamim, P.W.13, had conducted post-mortem examination on the dead body of Mst. Sakina Bibi on 25-7-1989. P.W.3 Muhammad Abbas, Constable, on 9-8-1989 delivered two sealed parcels containing blood-stained earth and blood-stained dagger in the office of Chemical Examiner, Lahore intact. Shah Nawaz, A.S.I., P.W.4, A.S.I., had recorded formal F.I.R.
14. Exh.P.M. At the police station. P.W.6 Nisar Ahmad Faridi had prepared site plans Exh.P.L. And Exh.P.L./1 at the instance of police. Sanaullah, P.W.8 had witnessed the recovery of blood-stained earth from the spot and signed the memo. Exh.P.M. As well. Ocular account was furnished by Ali Muhammad, Mst. Sharifan Bibi and Qadar Bakhsh, P.Ws.10, 11 and 12, respectively. Muhammad Hussain, P.W.14 witnessed the recovery of blood-stained dagger P.4 at the instance of the appellant and had signed the recovery memo. Exh.P.Q. The case was investigated by Muhammad Waris, A.S.I., P.W.15.
15. The rest of the witnesses are of formal nature, therefore, need not be discussed.
16. ' At the conclusion of prosecution evidence, the appellant was examined without oath, wherein he refuted the prosecution allegations and pleaded innocence. In answer to a question, he, however, stated that on the fateful day he had gone to the house of his in-laws to bring his wife Mst. Sharifan Bibi to home. They were about to leave when Qadar Bakhsh injured P.W. Asked Mst. Sakina Bibi, mother-in-law of the appellant, not to allow her daugher Mst. Sharifan Bibi, appellant's wife, to accompany him. This led to an altercation, whereupon, Ali Muhammad, injured P.W., gave a Sota blow on the back side of the head of the appellant. It was followed by Qadar Bakhsh who hit him on his thigh. Mst. Sakina Bibi picked a Chhuri and wanted to cause a blow but he stopped the same and the Chhuri fell down, which he picked up and gave injuries to Mst. Sakina Bibi, who had picked up a Sota and had given a blow on his head. Said Qadar Bakhsh fired, and thereafter under grave and sudden provocation and in order to save his life he caused injuries which resulted in death of Mst. Sakina Bibi and injuries to three persons.
4. It was contended by learned counsel for the appellant that no reliance on the prosecution evidence could be placed because the witnesses did not come with clean hands because at the time of arrest the appellant was found injured but none of the witnesses disclosed this fact neither before the police nor in Court. Argued that admittedly the occurrence took place inside the house of the deceased, therefore, Qadar Bakhsh who was not related to either side, had no business to be present there. This fact amply proved that the defence version is correct. Asserted if the defence version was put in juxtaposition with the prosecution case, the defence version appears to be more plausible, and therefore, the appellant had acted under grave and sudden provocation as well as in the right of his private defence. The contentions were opposed by learned counsel for the State.
5. We have heard the learned counsel at length and gone through the evidence with their assistance. As far as the time of occurrence and place of occurrence are concerned, these facts stand admitted by both the sides. Even the appellant in his statement had stated that the occurrence took place inside the house of Mst. Sakina Bibi, deceased, where other injured P.Ws.
17. Were also present. After going through the evidence, we also hold that the occurrence took place on 24-7-1989 at Asarwela inside the house of Mst. Sakina Bibi, deceased, wherein All Muhammad, Mst. Sharifan Bibi and Qadar Bakhsh, P.Ws.10, 11 and 12, respectively, were also present and received injuries during the same transaction. The only point which requires to be resolved is whether the occurrence took place as asserted by the prosecution witnesses or as disclosed by the appellant.
18. ' In order to establish its case the prosecution has relied upon ocular account furnished by Ali Muhammad, Mst. Sharifan Bibi and Qadar Bakhsh. Ali Muhammad was son of Mst. Sakina Bibi, deceased and Mst. Sharifan Bibi was her daughter and wife of the appellant. Both of them have given a detailed account of the occurrence the way it transpired. They were put to the test of lengthy cross-examination but not a word of enmity or motive for false involvement was suggested to them. No background of hostility was put to these witnesses. Even otherwise, it can safely be inferred that there was no hostility between the parties because the appellant had visited his in-laws where his wife was staying during those days. As far as Qadar Bakhsh, P.W.12, is concerned, he is not related to them. He had reached the spot on hearing commotion. Admittedly, he is resident of the same locality. When he tried to rescue the injured, he was also given dagger blows by the appellant. He too was put to the test of cross-examination but nothing could be brought on record which could substantiate defence version or prove any animosity of the witness.
19. After careful persual of the statements of the eye-witnesses, it is held that they were present at the spot. They received injuries from the hands of the appellant and can be relied upon.
20. ' As far as the defence version is concerned, we are not inclined to accept the same for more than one reasons. If it was a case of grave and sudden provocation, as alleged by the appellant, then Qadar Bakhsh should have been the natural target and the appellant would not have spared him after causing him one injury only. He would not have caused simple injuries to Mst. Sharifan Bibi, his wife, if he had suspected that she was being unfaithful to him. As far as injuries on the person of appellant are concerned, we are not inclined to give much importance to the same because they were simple injuries and the chance of being caused by a friendly hand could not be ruled out.
21. Even otherwise, it does not appeal to reason that so many people armed with different weapons, like Danda and fire-arm, would let the appellant escape with simple injury when he was alone and armed with only a dagger.
22. ' In view of above discussion, we have no hesitation in holding that the prosecution has been able to prove its case beyond doubt. However, the question of sentence does require consideration. The occurrence had taken place inside the house of in-laws of the appellant,where his wife was also present. Admittedly, there was no hostility or ill-will between the parties, to the contrary they had cordial relations. In these circumstances, something extraordinary must have happened which provoked the appellant to commit the murder of his mother-in-law and caused injuries to his wife, his brother-in-law and another person. Both the sides have withheld real motive which led to the occurrence. In these circumstances, we feel the sentence of death may not be justified. Therefore, while dismissing the appeal, the death sentence is converted into imprisonment for life. The sentence of fine or imprisonment in default thereof is, however, maintained. The appellant shall also be given benefit of section 382-B, Cr.P.C. Death sentence is not confirmed. The sentences shall run concurrently.
23. Sentence reduced.