' Z. A. CHANNA , J.-Appellant Ghularn Kader, a middle-aged man of about 55 years, was tried by a learned Adlitional Sessions budge, Sukkur, in respect of two separate offences under section e,02, P.
P. C., for committing'the murders of his wife Mst. Aishia and his son-in-law Ganhwar, and the learned Additional Sessions Judge by his Judgmeat delivered on 20-9-1916 convicted the appellant of the said offences and-seetenced him to death. Tile appellant has appealed from jail against his conviction a zd sentence and a reference has also been made by the learned Additional Sessions Judge for confirmation of the death sentence awarded to the appellant. This Judgment will dispose of both the appeal and the reference.
2. The fasts of the case, shortly stated, are that deceased Aishia was married to the appellant in the Punjab several years back and had three daughters and one son through him. Some three years prior to this incident, she left her husband and came and settled in Sind in Mirpur raathelo taluka.
Shortly thereafter she gave her eldest daughter, Mst. Bashiran, in marriage to deceased Ganhwar who was a clerk in the office of the S. D. M. Mirpur Mathelo. Subsequently, Mst. Aishia gave her second daughter in marriage to complainant Iinambax, who Is the elder brother of the deceased.
After the two marriages, least. Aishia along with her third daughter and her sera aged about 25 years, came and put up with deceased Ganh ver and comp'ainant Imam Bux. On the eight intervening b de een 6-5-1975 and 7-5-1975, complainant Imam Bux and other members of the family, including deceased Aishia and Ganhwar, were sleeping in the open courtyard in front of their house, when at about 11 p,m , cemplainnant Imam Bux woke up on some noise and saw, by the light of a lantern which was burning, the appellant giving a blow with a 'koat' (Chopper) to Mst.
Aishia who was sleeping on a nearby cot. At this spectacle, 'main Bux raised cries which woke up Gulab, Piran and Mir Mohammad. However, in the meanwhile, the appellant went up to the cost of the Ganhwar and within the view of the aforesaid witnesses gave a blow with his 'kaat' to Ganhwar.
The appellant was chased and apprehended by Imam Bux and others at a distance of 20 or 25 paces from the house and the blood-stained 'kaat' was secured from his possession. It was found what bosh Mst. Aishia and Ganhwar had succumbed to the injuries caused to them by the appellant. Leaving their dead bodies and the appellant in charge of the other witnesses, Imam Bux repaired to Mitpur Mathelo P. S., four miles away, where he lodged his first information report the same night at 00.30 hours.
3. After recording the F. I. R., S. H.
0. Hamidullah accompanied Imam Bux to the scene of offence where he was handed over the appellant and the 'kaat' by P. Ws. Gulab Piran and Mir Mohammad. The S. H. 0 also secured, in the presence of Mashirs, the clothes of the appellant which were found blood-stained After sending the two dead bodies to the Medical Officer for post-moriem examination, the S. H.
0. Recorded the statements of P. Ws. Gulab Khan, Mir Mohammad and Piran. On the same day, namely, 7-5-1975, the S H.
0. Produced the appellant before the Mukhtiarkar and F. C. M., Mirpur Mathelo, to whom the appellant made a judicial confession. After recording the statements of Mst. Bas an and Mst.
PUVC011 and sending the blood-stained 'kaat' and the clothes secured from the person of the appellant to the Chemical Examiner to Vie Government, the S. H.
0. Challaned the appellant.
4. The autopsy on the two deceased was conducted by Dr. B'eajan Lal. He found the following external injuries on their persons, which in his opinion bad been caused by a sharp-cutting weapon and which injuries were sufficient in the ordinary course of nature to cause death :- ' Mat. Aishia - ' Inched wound 5'X 2rx jugular vesssels cut into spinal cord cut into mandible fracture on the right side of neck.
' Ganhwar- ' Incide wound 6' le Jugular vessels cut into vertebrae cut on the left side of neck.
5. We have heard Mr. Nooruddin Rumen, who appeared for the pauper appellant, and Mr. Nasirucliin for the State. They have taken us through the entire evidence in the case. We have also heard the appellant who desired to be heard in person.
6. There is overwhelming evidence to the effect that the appellant had killed the deceased by me ins of a 'kaat'. All the three eye-witnesses examined in the case, namely, Imam Bux, Piran and Gulab have testified to having seen the appellant giving a blow with a 'kaat' to deceased Ganhwar on his neck in consequence of which he died instantaneously. They have further testified to having chased the appellant and apprehended him with the blood-stained 'kaat' at a distance of 20 to 25 paces from the complainant's house. P. W. Imam Bux, who was the first to wake up, has also deposed to having seen the appellant causing the fatal injury with the deadly ',taw' to Mst. Aishia, upon which he raised cries which roused the other family members. Although P. Ws. Gulab and Piran live in a separate house from that of the complainant, the sketch of the scene of offence prepared by the Tapedar shows that their houses are just opposite the house of the complainant and all these houses have a common open courtyard. They are thus natural witnesses and must have witnessed the incident.
7. In addition to the direct testimony of the above witnesses there is evidence of recovery of blood- stained clothes from the person of the appellant as also his judicial confession. Evidence regarding the recovery of the clothes has been given by S. H.
0. Hamidullah and Mashir Behram. The report of the Chemical Examiner shows that these clothes as also the 'kaat' secured from the possession of the appellant were found stained with blood of human origin In his judicial confession, which was recorded by the Mukhtiarkar and F. C. M,, Mirpur Mathelo, within a few hours of the appellant's arrest, he has unequivocally confessed to having killed Mst. Aishia and Ganhwar. Finally, the appellant in his statement in the Sessions Court admitted to having killed the two deceased.
8. The only point which falls to be considered is whether the appellant killed the two deceased whilst deprived of the power of self-control by grave and sudden provocation and as such is entitled to the benefit of Exception I to section 300, P. P. C. The defence of the appellant is that he killed the two deceased out of 'ghafrat' as he found them sleeping on the same cot and having sexual intercourse. We, however, find no substance whatsoever in this defence which has evidently been concocted by the appellant to save his neck. Tne two murders were clearly committed in the open courtyard in front of the homes of the complainant and P. Ws. Gulab, Piran and Mir Mohmmad, where not only these witnesses but the daughters and grown-up son of the appellant and Mst. Aishia were also sleeping. The Mashirnama of the scene of offence and recovery of blood- stained earth from this open courtyard provide sufficient proof that the two murders were committed there. With so many persons sleeping in this open courtyard, it is unthinkable that the two deceased would either be having sexual intercourse or even sleeping together on the same cot, especially when the persons sleeping nearly included the grown-up daughters and sons of deceased Aishia and the wife of Ganhwar. It may also be pointed out that deceased Ganhwar was a young man of about 32 years, who could have had no attraction for Met. Aishia, who was 55 years old and moreover his mother-in-law, especially in the presence of his much younger wife, Mst. Bashiran. The fact that bodies of both the deceased were fully clothed further militates against the allegation of the appellant. All the three eye-witnesses have strongly denied that the two deceased were sleeping on the same cot and have stated that they were sleeping on seperate cots. Finally, even in his judicial confession the appellant has not claimed that he either found the two deceased having sexual intercourse or sleeping on the same cot. The confession is to the following effect :- "About 3 years back, one butcher had abducted my wife and one daughter from Punjab and brought them here and he had sold my daughter through Saindad Mahar to one Ganhwar for Rs.
5,500 and Kesel and my daughter ren-ained with Ganhwar while my wife returned back to village at Punjab. My wife after living with me for sz months, brought my three daughters and one son from Punjab and came and lived with Ganhwar. I came to take them for three four times but she did not go back. My second daughter was married by Ganhwar and Bais Gulab with Imam Bux, who is elder brother of deceased Ganhwar. I was not present at the time of both the Nikahs nor I have signed on the Nikabnamas. My third daughter was sold by my wife, Saindad and Imam Buz for Rs.
4,000 to Noor Mohammad Bhutto. I again came to Imam Bux, deceased Ganowar and Gulab and told them to rewrri to me my remaining children. They did not give me. I went back to Punjab and brought my articles and came and settled with Saindad and lived with him for one year. Again I went to Punjab. Alongwith me my wife, son and one daughter also went to Punjab. After remaining there for six days my wife brought my son and one daughter and returned back here and also brought my Rs. 1,2C0 in cash. I became enraged on this. I boarded the passenger train from Punjab and came to Rahimyar Khan and from 14 ahimyar Khan boarded in bus and came at the well of Kori at 7-00 p.m. I concealed myself and at about 10 or 11 p.m. In the night I went to hide myself in a vacant house near the house of Ganhwar. I jumped over into the house of Ganhwar and first I killed my wife with toka (kaat) and then I murdered Ganhwar with same "kaat". I killed Ganhwar through mistake. In fact I had to kill Imam Buz. I was arrested at the spot.,, ' The confession which appears to be both voluntary as well as substantially true, suggests that the appellant was annoyed with Mst. Aishia because she A had left him alongwith her children, had refused to return to him, had sot his daughters married without his consent and not only pocketed the bridal money which she received from Ganhwar but had also taken away Rs. 1,200 belonging to the appellant. He was also annoyed wish deceased Ganhwar and Imam Bux for marrying his daughters without his consent The confession further shows that the murders were premeditated and the appellant had come all the way from Raqmyar Khan with the firsa resolve to kill ifst. Aishia and also Imam Bux, but instead of the latter he killed Ganhwar by "mistake".
9. We are accordingly in agreement with the view taken by the learned Additional Sessions Judge that the plea of grave and sudden provocation taken by the appellant is absurd. We also agree with hi:n that there are no extenuating circumstances in this case which weld call for the lesser sentence. The two murders were premeditated, callous and brutal. In the circumstances, we consider that there is no merit in the appeal, which we hereby dismiss, and confirm the death sentence awarded to the appellant.