' RAO NAEEM HASH1M KHAN, J.-- Appellant Ghulam Farid (26) alongwith Haji Hasil and Gulbahar was sent up for trial by Police Station Jampur, District Rajanpur, for an offence under section 302/34, P.P.C. Punjab Special Court for Speedy Trial No,XI, Dera Ghazi Khan, vide judgment, dated 10-8-1988, acquitted Haji Hasil, Gulbahar by giving them the benefit of doubt and convicted Ghulam Farid appellant under section 304, Part I, P.P.C. And sentenced him to 10 years' R.I. The convict has appealed.
2. Briefly stating the prosecution story as disclosed in F.I.R. Lodged by Muhammad Iqbal complainant, was to the effect that Muhammad Siddique was a teacher at Primary School, Chah Daulatwala since before 5/6 years of the incident and his brothers namely, Muhammad Abdullah aged 14/15 years (P.W. Given up) and Abdul Razzaq (P.W.8) aged 11/12 years the students of 10th and 7th Classes respectively at Kot Tahir School, also used to live with him at primary school of Chah Daulat Wala. The schools were on long vacations. However, 3/4 days prior to the occurrence, Muhammad Siddique and his above two brothers had come to the said school in connection with the 14th August celebrations. At about 12/1-00 of noon, Muhammad Iqbal also came to them at said school and stayed with them. At about 10/11-00 at night, Gul Bahar and Ghulam Farid accused came there and took Muhammad Siddique deceased with them on the pretext of irrigation of land.
A shortwhile thereafter, hue and cry of Muhammad Siddique was heard, on which Iqbal, Abdullah and Razzaq P.Ws. Went to the spot and in the light of moon, saw that Haji Hasil and Gul Bahar accused had made Muhammad Siddique lie on the ground, while Ghulam Farid was cutting his neck with a Chhuri. Ghulam Farid also opened the stomach of Muhammad Siddique with the same Chhuri. The accused, seeing the witnesses, raised Lalkara that if anybody came near, he would meet the same fate. Being empty-handed, the witnesses also did not interfere. After that Haji Hasil and Gul Bahar went in the house of Allah Bakhsh and brought out Mst. Khairan. She was also made to lie near the dead body of Muhammad Siddique by Ghulam Farid and Gul Bahar accused. Haji Hasil cut her throat and her abdomen with his Chhuri. The accused, then, went to their houses with their respective weapons. On the noise of witnesses various people from surroundings were attracted. Both Siddique and Mst. Khairan had already succumbed to their injuries at the spot.
Motive for the above occurrence was that accused suspected that Mst. Khairan the wife of the brother of Hasil and the step-mother of Ghulam Farid, had illicit liaison with Muhammad Siddique deceased.
3. The occurrence took place on 12/13th August, 1987 at night at 10/11 p.m. Near brick-kiln in the area of Chah Daulat Wala at a distance of 12 kilometres from Police Station Jampur. F.I.R. Exh.P.H. Was lodged by Muhammad Iqbal complainant P.W.7 on 13-8-1987 at 6-30 a.m. Recorded by Muhammad Siddique Dogar, S.-I. (S.H.O.) P.W.9.
' Muhammad Siddique Dogar, S.-I. P.W.9, after recording F.I.R. Exh.P.H., went to the spot. He prepared injury statement of Muhammad Siddique and Mst. Khairan Exhs.P.I./P.J. Respectively. He also prepare inquest reports of the above said two deceased Exhs.P.K. And P.L. Respectively. He handed over the dead bodies of Muhammad Siddique and Mst. Khairan to Muhammad Khan, F.C. For escorting the same for autopsy. He took into possession blood-stained earth of the places, where the dead bodies of Muhammad Siddique and Mst. Khairan were lying and made them into two separate sealed parcels vide memos. Exhs.P.D. And P.E. Respectively. Muhammad Khan, F.C.
Produced last-worn clothes of the two deceased on the same day. Shalwar P.1, belonging to Muhammad Siddique was taken by him vide memo. Exh.P.A. And clothes of Mst. Khairan Bibi, shirt P.2, Shalwar P.3, Dopatta P.4, Brazier P.5, Koka P.6 and 12 bangles P.7/1-12 were taken into possession by him vide memo. Exh.P.B. All these clothes were blood-stained. The accused were arrested on 23- 8-1987. On 26-8-1987 Ghulam Farid accused, while in custody led to the recovery of dagger P.8, blood-stained from his residential Kotha which he took into possession vide memo. Exh.P.F. And made the same into sealed parcel. He had drawn the sketch of the dagger vide memo. Exh.P.F./1.
Hasil accused on the same day also led to the recovery of dagger P.9 from a box in his residential house, which he took into possession vide memo. Exh.P.G. It was also blood-stained and sealed into parcel. He had drawn a sketch of the said dagger vide memo. Of recovery Exh.P.G./1. He had handed over the parcel and daggers on the respective dates to the Moharrir of the police station.
He got prepared the site plans Exhs.P.C., P.C./1 and P.C./2 of the place of occurrence by Khadim Hussain, Patwari. He had recorded the statements of the witnesses and completely investigated the case. He challaned. Hasil. Gul Bahar and Ghulam Farid to face the trial. The ocular account was furnished by Muhammad Iqbal P.W.7 and Abdur Razzaq P.W.B.
4. Dr. Ahmad Hassan Malik, Medical Officer Jampur (P.W.10) had conducted post-mortem examination on the dead body of Muhammad Siddique and found the following injuries.
(1) An incised wound 20 c.m. x 6 c.m. x cutting the underlying tissues (major blood vessels, of the neck on both sides, trachae oesophagus), starting from the one side of the neck to the other side of the neck.
(2) An incised wound 2 c.m. x 2 c.m. x skin deep on the chin.
(3) An incised wound 36 c.m. x 9 c.m. x cutting the underlying tissues (muscles, peritoneum, intestines), intestines coming out, situated on the upper part of the abdomen.
(4) An abrasion 1 c.m. x 1 c.m. On the left elbow. Left arm and elbow were contaminated with mud.
(5) An abrasion 1-1/2 c.m. x 1 c.m. On the right elbow. Right hand and forearm were contaminated with mud.
(6) An abrasion 5 c.m. x 1-1/2 c.m. On the anterior and upper part of left leg.
(7) Multiple abrasions in the area of 9 c.m. x 3 c.m. On the right knee and upper part of right leg.
Both knee joints were contaminated with mud.
' On the same day he also conducted the post-mortem examination on the dead body of Mst.
Khairan and observed the following injuries:--
(1) An incised wound 18 c.m. x 6 c.m. x cutting the underlying tissues (major blood vessels on the both sides of neck), trachea and oesophagus, starting 2 c.m. Below the right ear coming on the anterior side of neck, upto the left side of neck.
(2) An incised wound 25 c.m. x 11 c.m. x cutting the underlying tissues (muscles, peritoneum intestines), intestines coming out, situated on the anterior and middle part of the abdomen.
(3) An incised wound 5 c.m. x 3 c.m. x cutting the underlying tissues (muscles, peritoneum intestines), situated in the flank of abdomen just above the right illiac bone.
5. At the conclusion of the prosecution evidence appellant Ghulam Farid was examined without oath under section 342, Cr.P.C. He refuted the prosecution allegations, pleaded innocence. He stated in his statement that on the fateful night he was coming back from Kot Tahir, when he reached near the old brick-kiln, he found the two deceased (Muhammad Siddique and Mst.
Khairan) in a compromising position and killed them under the impulse of grave and sudden provocation. He also appeared in his defence and made statement on oath under section 340(2), Cr.P.C. That on the night of occurrence at about midnight he was coming from Kot Tahir to his house. When he reached near the brick-kiln, he saw a man and a woman in compromising position. The man was Siddique deceased and woman was his mother Mst. Khairan. He had sword with him. He lost his self-control, seeing them in that position and in a fit of grave and sudden provocation firstly injured Muhammad Siddique with his sword, Mst. Khairan who tried to run away, holding her Shalwar, but he gave sword blows at a distance of 3 Karams from Muhammad Siddique. After that he went to the police station Jampur with the sword and informed them about the above said occurrence. He was alone at that time. The co-accused were not with him. P.Ws.
Were also not present at that time. Prior to the above incident he had no suspicion that the two deceased had illicit liaison with each other. His father had never borrowed money from Siddique deceased. Muhammad Iqbal complainant was later on summoned by the police and got a false case registered against him. He did not produce any defense witness in his defense.
6. It is submitted by the learned counsel for the appellant that Muhammad Iqbal P.W.7 is a chance witness and Abdur Razzaq P.W.8, being below the age of 12 years cannot tell the whole story and he cannot be relied upon, being tutored witness; the motive is admitted and the trial Court has come to the conclusion that it is a case of grave and sudden provocation; that maximum quantum of sentence could be awarded 3/4 years keeping in view the decision of the trial Court and has requested for taking lenient view in favour of the appellant.
7. We have heard the arguments and gone through the file. The prosecution in order to establish its case has mainly relied upon ocular account, furnished by Muhammad Iqbal P.W.7 and Abdur Razzaq P.W.8. Both of them had given detailed account of occurrence, ascribing specific role to the appellant. Each of them stated that Muhammad Iqbal P.W.7, Muhammad Siddique deceased, Abdullah and Abdur Razzaq P.W.6 stayed at the school at night. At about 10/11 at night Gul Bahar, Ghulam Farid accused came and called Muhammad Siddique. They took him with them for irrigating their lands. A short while thereafter, they heard the noise of Muhammad Siddique from southern side. They rushed and saw Haji Hasil and Gul Bahar, who had made Muhammad Siddique lie on the ground, while Ghulam Farid accused (appellant) was cutting his throat with a dagger.
Ghulam Farid had also cut the abdomen of deceased Muhammad Siddique. After that Haji Hasil and Gulbahar went to the house of Allah Bakhsh and brought out Mst. Khairan. She was made to lie by Ghulam Farid, Gulbahar and Hasil accused, who cut her throat and abdomen with dagger.
Muhammad Siddique and Mst. Khairan succumbed to their injuries on the spot. Both the witnesses were subjected to the test of cross-examination, but nothing could be brought on the record to suggest that they were not present at the spot or had not witnessed the occurrence. Therefore, it is safely held that witnesses were present at the spot. Ghulam Farid appellant admitted the occurrence, but in a different manner. He stated in his statement under section 340(2), Cr.P.C. That on the fateful night he was coming back from Kot Tahir, when he reached near the old brick-kiln he found that the two deceased were in a compromising position and killed them under the pulse of grave and sudden provocation. The trial Court by accepting his plea convicted him under section 304, Part I, P.P.C. And sentenced him to 10 years' R.I.
8. But circumstances are different. Both the deceased were not found naked at the time of occurrence, they were clad, dead body of Muhammad Siddique was smeared with mud, but dead body of Mst. Khairan was found without mud, at some distance of the dead body of Muhammad Siddique. No result of semens is available on the file. What does it indicate? The plea taken by Ghulam Farid appellant is an afterthought. It is a fit case for enhancement of sentence. But State has not bothered to challenge the judgment in appeal. We are not inclined to take suo motu notice for enhancement of the sentence. The manner, in which the eye-witnesses made statements in Court, inspires confidence. The prosecution has proved its case beyond shadows of doubt against the appellant. The evidence and the circumstances of the case do not allow us to take lenient view in favor of the appellant. The appeal has no merit and the same is dismissed. Appellant Ghulam Farid shall be taken into custody to undergo the remaining sentence.