' This jail appeal filed by Muhammad Khalid convict is directed against the judgment, dated 8-10- 1990, by which the learned Sessions Judge, Faisalabad, convicting him under section 302, P.P.C. For the murder of Muhammad Ramzan, sentenced him to imprisonment for life and a fine of Rs,2,000 or in default to further undergo 2 months' R.I. He was also directed to pay compensation of Rs,10,000 to the heirs of the deceased under section 544-A, Cr.P.C.
2. Muhammad Ramzan (deceased) was tractor driver of Maqsood Ahmad P.W. Muhammad Khalid appellant was suspecting Muhammad Ramzan (deceased) for having illicit liasion with his sister- in-law ( ) Mst. Fatima. On this account, in the morning of the day of occurrence they fell out with each other in the Haveli of Maqsood Ahmad P.W. Maqsood Ahmad P.W. Having come to know about this incident, summoned Muhammad Khalid appellant and in the presence of certain other persons, who had also gathered there, he tried to get the matter patched up between him and his servant Muhammad Ramzan (deceased). However, Muhammad Khalid appellant did not agree and he left the place with a threat to avenge the insult.
4. In the evening of the same day i,e. 28-7-1988 when Muhammad Ramzan (deceased) was present at the `Dera' of his employer Maqsood Ahmad P.W., where Ghulam Muhammad complainant, the father of the deceased and Mushtaq Ahmad P.W. Were also present, Maqsood Ahmad P.W. Asked his servant to bring Nazir Mistri. Muhammad Ramzan (deceased), in compliance with the direction of his employer, went to the house of Nazir Mistri and when he was present outside his house after giving a call to him, Muhammad Khalid appellant, who was standing at a short distance in the Chowk, approached him and suddenly attacked him with a dagger. He gave him six blows. Maqsood Ahmad P.W., who was present alongwith Ghulam Muhammad complainant and Mushtaq Ahmad P.W., saw the occurrence. They all advanced towards the place of occurrence, in order to rescue the victim but they were threatened by the appellant. He ran away. The injured, who had fallen unconscious on the ground, was removed to Civil Hospital, Faisalabad in a car but he expired thereafter an hour or so. The matter was reported to the police by Ghulam Muhammad complainant narrating the above-mentioned facts in the report.
4. A.S.I. Mushtaq Ali of Police Station Chak Jhumra took up the investigation of the case and after its completion submitted the challan to the Court of Session.
5. On the commencement of trial, the appellant was charged for the murder of Muhammad Ramzan and on his pleading not guilty, the prosecution led evidence against him by producing as many as 10 witnesses. To be a little more precise, Maqsood Ahmad (P.W.7) and Mushtaq Ahmad (P.W.8) gave the eye-witness account in line with the prosecution case already narrated. Since Ghulam Muhammad complainant had died before the commencement of trial, the prosecution could not examine him as a witness.
6. Dr. Muhammad Ajmal, S.M.O., D.H.Q. Hospital, Faisalabad, had carried out the post-mortem examination of the dead body of Muhammad Ramzan on 29-7-1988 at 9-00 a.m. And found the following injuries on his person:--
(1) An incised wound 2 c.m. x 1/4 c.m. Muscle deep on the left cheek obliquely.
(2) A stab wound 2-1/4 c.m. x 3/4 c.m. Chest deep on the left chest outer part at 3 o'clock position of left nipple 8 c.m. Away directed from left to right into the chest cutting the chest wall and left fourth rib, pleura underneath completely cutting left lung left upper part a pericardium and heart through and through.
(3) A stab wound 3/4 c.m. x 1/4 c.m. Chest deep situated on the left front part of chest, 3 c.m. Below left nipple cutting the intercostal space between left 3rd and 4th ribs, left pleura and left lung through and through.
(4) A stab wound 1-1/2 c.m. x 3/4 c.m. Muscle deep, 4 c.m. Deep on the left lower most part of chest.
(5) A stab wound 1-1/2 c.m. x 3/4 c.m. Muscle deep on the front of left flank directed left to right going 3-1/2 c.m. Deep in the muscle.
(6) A stab wound 1-1/2 c.m. x 3/4 c.m. x 4 c.m. Muscle deep obliquely on left lower part of abdomen.
6 . On autopsy he found chest wall, left pleura left lung, left upper part of pericardium and heart cut under different injuries and pleura cavity full of blood. In his opinion, the death in this case , occurred due to shock and haemorrhage as a result of injuries Nos.1 and 2 which were sufficient individually as well as collectively in the ordinary course of nature to cause death. All the injuries were caused by sharp-edged weapon and were antimortem. He proved the post-morteni report Exh.PA.
7. A.S.I. Mastan Ali (P.W.10) gave the detail of the investigation. Rest of the witnesses were formal and their testimony needs no detail discussion.
8. On the completion of prosecution evidence the appellant was examined under section 342, Cr.P.C. He denied all the incriminating circumstances figuring against him in the prosecution evidence and alleged his false implication. In his defence, however, admitting his participation in the occurrence, he placed on the file a written statement in vernacular which is in the following terms:-- "Mst. Fatima is wife of my brother Ashiq. I am a labourer and I go to and come from Faisalabad daily for weaving the cots. I generally go in the morning and return to my house after sunset. While weaving the cots I use the knife which I generally keep with me alongwith the pegs. On 28-7-1988 at about sunset when as usual I was returning from Faisalabad to my house, the weather was cold and cloudy. It was sufficiently dark when I reached near cattleshed of Maqsood Ahmad P.W. And saw a woman entering the gate of his Haveli. I suspected that she was Mst. Fatima, my sister-in- law (URDU TEXT) wife of my brother Ashiq. When I reached the gate I found it chained from inside. It enhanced my suspicion. I scaled over the wall into the Haveli and to my surprise saw that Muhammad Ramzan was in compromising position with my sister-in-law ( URDU TEXT ), behind the cattle and tractor-trolley. He was naked. I lost my control because of sudden provocation and on my exhortation Muhammad Ramzan (deceased) started running. I chased him and in that process I took out the knife out of my bag and caused him repeated blows. Thereafter I appeared before the police myself and handed over the knife to them but the police twisted the facts and showed its recovery.
' I deny the presence of the eye-witnesses. My sister-in-law ( URDU TEXT) also ran away although I wanted to kill her."
8. The appellant produced no evidence in defence.
9. I have perused the record with the assistance of the learned State counsel and heard him at some length.
10. The plea of grave and sudden provocation raised by the appellant does not seem to have been substantiated by him, nor it appears to be otherwise reasonsable. The story of his scaling over the wall of Haveli of Maqsood Ahmed P.W. And his jumping into it seems to be improbable. The occurrence took place in front of the house of Nazeer Mistri at some distance from the Haveli of Maqsood Ahmad P.W or at least outside it and not inside it, as alleged by the appellant. There is therefore, no substance in his defence plea. There was no grave and sudden provocation for him though the question of honour was involved in this case for which he has already been awarded lesser penalty by the trial Court. The appeal is, therefore, dismissed. He should be informed accordingly through the Jail authorities.