' ABDUL QADEER CHAUDHRY, J.---This judgment will dispose of Jail Petition filed by the petitioner against the judgment of the High Court dated 1-4-1990. The petitioner was convicted by the Additional Sessions Judge, Dera Ghazi Khan and sentenced to death on three counts and fine. The learned High Court confirmed the death sentence and dismissed the appeal filed by the petitioner.
2. The facts in brief are that an application was submitted by Ghulam Rasool for the issuance of warrants under section 100, Cr.P.C. On the ground that the petitioner husband of Mst. Amir Mai had detained Mst. Amir Mai. Khalid Mehmood, P.W. A.S.I. Was deputed for the recovery of Mst. Amir Mai.
Ghulam Rasool and Mst. Lal Mai came there, she could not be produced on 14-8-1984 on account of being holiday. She was kept at the Police Station alongwith Mitha, petitioner. Mst. Lal Mai and Ghulam Rasool her mother and father also stayed in the police station along with them. At about 3-00 a.m. Hafiz Allah Wasaya woke up on alarm. He saw Mitha accused inflicting injuries with a Kassi to his wife Mst. Amir Mai. Mst. Lal Mai, and Ghulam Rasool, Magbool Ahmad and Muhammad Khalid also saw the occurrence. They caught hold the accused and snatched the Kassi from him.
By the time Mst. Lal Mai had died while Ghulam Rasool and Mst. Amir Mai were in precarious condition. At the trial, Hafiz Allah Wasaya, Constable P.W.5 and Maqbool Ahmad, Head Constable, P.W.6 gave ocular testimony of the occurrence.. They corroborated the contents of the First Information Report. According to the witnesses, Ghulam Sarwar, water-crier of the police station had brought a Kassi to dig the hearth for cooking Pullao for distribution on the Independence Day.
The Head Constable was sleeping in the compound of the police station along with other police staff. The deceased and the accused were sleeping in the verandah of the building. The police also secured blood-stained Cheddar of the accused. The defense of the petitioner was as under:-- "On 9-8-1984 I took my wife from the police station and went to home. On the same evening I went.To the Illaqa for the purposes of earning my livelihood as I am Mueen of the local Zamindar. I returned home in the evening of 14-8-1984 and came to know that Khalid Mahmood, A.S.I. Had taken my wife Mst. Amir Mai to the police station. So, to find out the facts I went to Police Station Kot Chhutta, where, my father-in-law Ghulam Rasool deceased met me outside the police station building and told on my enquiry that my wife Mst. Amir Mai and my mother-in-law Mst. Lal Mai were at the moment in the quarter of Khalid Mahmood, A.S.I. Since their arrival i,e, 11-8-1984 from their houses. Ghulam Rasul deceased, my father-in-law further told me that he had asked his wife Mst. Lal Mai and daughter Amir Mai to come out of the said quarter and stay with him but they had refused hence he suspected that they are being subjected to Zina by the police officials as it appears they had colluded with the police. On this information I told my father-in-law Ghulam Rasul deceased that he himself is being instrumental in his disgrace and was also contributing towards my dishonor by the police officers. I then met Khalid Mahmood, A.S.I. Who, told me to stay outside the police station building and that he would produce my wife Mst. Amir Mai deceased in the Court on 16-8-1984, therefore, I slept in the outer lawn of the police station, while, my father-in- law Ghulam Rasul slept in another nearby plot. In the last Per of the night I just woke up and saw that police officials were carrying three injured persons into the police station building. Out of curiosity I went inside the police station to know the detail of the occurrence but I was arrested .There by Khalid Mahmood, A.S.I. And lodged in the police lock-up. I saw that Ghulam Rasul, Lal Mai and Amir Mai were lying in the verandah in the injured condition in the pool of blood.
' My mother-in-law Mst. Lal Mai was a known bad woman, therefore, I had forbade her to visit my house as I came to know that she was also being used for immoral purpose by her mother. I am innocent and have been falsely implicated in this case by the police officials who have made me a scapegoat for saving their own skin. Similar statement I made before the higher police officers' and the Judicial Enquiry Officer."
3. The two Courts have properly assessed evidence. The witnesses were natural and not inimical to the petitioner. The ocular testimony was corroborated by the medical evidence. Recovery of blood- stained Cheddar from the person of the petitioner was another circumstance against the petitioner. The defense put up by the accused is on the face of it false. It cannot be believed that the police after committing rape had murdered the deceased and removed them to the compound of police station. It cannot he accepted that the petitioner slept in the outer lawn of the police station while the police were committing Zina with his wife. He himself admitted his presence at the police station. The issuance of warrant under section 100, Cr.P.C. And recovery of the girl on such warrant support the prosecution case. Both were married women, therefore, the presence of sperm was natural. There is no proof that anybody had committed Zina during the night of occurrence. The evidence had been properly evaluated: The petition has no force it is barred by 900 days. The petition is dismissed and leave to appeal is refused.