' ZAKAULLAH LODIII, J.-Appellant Hashim was tried by the learned Sessions Judge, Mirpurkhas, who vide his order dated 25th June 1974, convicted him under section 302, P. P. C. And sentenced to life imprisonment. The appellant has come up in this appeal against his conviction and sentence.
2. The prosecution case is that the appellant killed his real sister Mst. Sind Bai in the afternoon of 8th December 1973, in the field of Chowdhry Rashid, situated in Taluka Jamesabad, District Tharparkar.
The first information report was registered at Jamesabad Police Station which is at a distance of about 10 miles from the vardat at about 7 p.m. On the same day by P.'W. Muhammad Usman who is uncle of the deceased. According to the F. I. R. The deceased was married to P. W. Darhoon about 6/7 years before the incident. During the subsistence of the marriage she had developed illicit intimacy with one Pinio alias Hussain Bux Chandio. About 8 m onths before the incident she had eloped with her paramour. Some respectable persons of the community approached Wadal Shah, the spiritual leader of the complainant's community and it was with the latter's help that a "Faisla" was arrived at between the complainant's side and Hussain Bux Chandio. On the day of incident the said spiritual leader called the complainant and Darhoon, the husband of the deceased, the appellant (brother of the deceased), Dittal, (a relative of the deceased) and Limo (brother of Darhoon) with some other people of the community in his village so that the hand of the deceased could be given to them. Accordingly, these people, all of whom are prosecution witnesses, went to Wadal Shah who restored the deceased to them. However, before restoring the deceased to these persons Wadal Shah asked them to implicitly assure him on oath that they would not cause any harm to the deceased. The promise was given and thereafter the deceased was restored to these persons. The "Faisla" took place at about 2-30 p.m. Whereafter the appellant, the complainant, P.
Ws. Darhoon, Dittal and Limo left Wadal Shah's village alongwith the deceased. When they reached near the houses of P. Ws. Limo and Dittal which are situated at some distance from the house of the complainant, both P. Ws. Limo and Darhoon went away to their houses. P. W. Darhoon and the complainant stopped there to pass urine and in the meantime the deceased and the appellant covered a distance of about one acre. At that time the complainant heard a shriek and he rushed to find out as to what had happened. He found that the appellant who was armed with a hatchet was causing blows to the deceased.
' The deceased succumbed to her injuries instantaneously. Thereafter the complainant left for the police station.
3. The report was registered by Ghulam Abbas, S. H. O. Of Jamesabad Police Station at about 7 p.m.
He immediately proceeded to the vardat which was shown to him by the complainant. The corpse of the deceased was found at the vardat where the appellant was also sitting holding the blood- stained hatchet in his hand. His clothes were also blood-stained. He was arrested by the S. H. O.
Who also secured the blood-stained hatchet and blood-stained clothes from him. Thereafter he collected the bloodstained earth from the vardat which he sealed into a parcel under a mashirnama. Inquest report was also prepared by him. He also recorded the statements of P. Ws.
Darhoon, Limo and Dittal, at the spot. As 9th December 1973 was Sunday, he produced the appellant before the First Class Magistrate, Samaro at Jamesabad on 10th December 1973 for the recording of his confession.
4. Autopsy on the dead body of the deceased was conducted by Dr. Muhammad Farooq who found the following injuries on her person. In his opinion the cause of death was shock and haemorrhage as a result of injuries Nos. 5 and 6 which were individually sufficient to cause death in the ordinary course of nature.
"(1) Incised wound 4" x 2" on the back of right hand with fracture of all carpal bones and hand was separated from wrist joint except attached at right thumb.
(2) Incised wound 3" X 2" on right axila.
(3) Incised wound 3" X 2" at left back of thigh.
(4) Incised wound 3" x 2" on the front of right joint.
(5) Incised wound 5" X 3" on right side neck cutting muscles, vessels and bones of neck.
(6) Incised wound 7" X 4" on left side neck cutting muscles, vessels and bones of neck, head and neck were separated completely from thorax except attached by one flap of muscle from the rest of the body."
5. The appellant has denied having committed the offence and pleaded innocence.
6. The prosecution has furnished occular testimony of P. W. Muhammad Osman who is uncle of the deceased, P. W. Darhoon who is husband of the deceased, P. W. Dittal, a relative of the deceased and P. W. Limo who is brother of P. W. Darhoon. All these witnesses have supported the earlier part of the story narrated in the F. I. R. They have unanimously stated that the deceased was married to P. W. Darhoon and she had developed illicit connections with one Piono alias Hussain Bux Chandio.
About 8/9 months prior to the incident she had eloped with said Hussain Bux Chandio and it was with the intervention of Wadal Shah, their spiritual leader, that she was restored to her husband on the day of incident at about 2-30 p.m. On their implicit assurance that they would not cause any harm to her. At about 2-30 p.m. P. W. Muhammad Usman, Darhoon, Dittal and Limo left for their village and when they reached near the houses of P. W. Dittal and Limo, the latter entered their houses. P. W. Muhammad Usman went away for passing urine while the appellant, the deceased and P. W. Darhoon went ahead. In the meantime, when P. W. Muhammad Usman was still passing urine he heard a cry from the direction in which all the three persons were going. P. W. Muhammad Usman has not stated as to who had committed the offence. On the other hand he stated that he saw Hussain Bux Chandio and some other persons passing through that way. This witness is equally related to the deceased and the appellant and therefore, he has tried to oblige the appellant, He has further stated that he did not see any weapon in the hand of the appellant.
However, he has affirmed the prosecution story upto the stage of coming of the appellant and the deceased near the houses of P. Ws. Dittal and Limo. He has also affirmed that he stayed behind to pass urine and immediately thereafter from a near distance where the appellant, P. W. Darhoon and the deceased had reached by then, he heard a cry of the deceased. The other witness P. W.
Darhoon has also not supported the prosecution story in entirety. However, he has deposed that he was married to the deceased who had eloped about 8/9 months earlier to the said incident with Hussain Bux Chandio and on the day of incident, he, the deceased, the appellant, P. Ws. Dittal and Limo were coming back from the village of Pir Wadal Shah as the deceased had been restored to them and when they reached near the houses of P. Ws. Dittal and Limo, the last-mentioned persons went to their houses, he and the complainant stayed behind for passing urine, whereas the deceased and the appellant went ahead. After they had covered a little distance, he heard cry of the deceased and he immediately went there and found the appellant standing. On enquiry the appellant stated that "what had happened, had happened" and asked him to go to the village and inform the people about this incident. He accordingly left the place and went to the village to inform the people about the incident. This witness has however, stated that the appellant was armed with a hatchet at that time but he did not notiec as to whether the hatchet was stained with blood or not. In case the appellant had seen Pinio alias Hussain Bux Chandio committing the murder of the deceased as suggested throughout by the defence, at least a question should have been put to him as to whether he saw Piono committing the murder of the deceased or not but no such question was put to the appellant. However, this question was put to P. W. Darhoon who stated that the appellant who remained throughout with the deceased, did not tell him that Pinio and others had committed the murder of the deceased. It is very significant in the circumstances of the case that the appellant who told P. W. Darhoon that "What had happened, had happened!
Go and inform the people of village," would have not missed to say that his sister and P. W.
Darhoon's wife had been killed by her paramour Hussain Bux Chandio. From this fact the only conclusion which can be drawn is that the deceased was killed by the appellant, particularly when this fact is fully supported by the retracted judicial confession of the appellant in which he has stated to have committed the murder of the deceased in the circumstances which I have detail fully discussed above. However, in the judicial confession he says that he committed the murder on account of "Ghairat" because at the time when they were returning and P. Ws. Dittal and Limo had gone to their houses and P. Ws. Darhoon and Muhammad Usman had gone for passing urine, he proceeded ahead with the deceased and when he was at some distance from P. Ws. Muhammad Usman and Darhoon he asked her to refrain from indulging in nefarious activities. Upon this she lost her temper and stated that if anything was told to her in this connection she would go back to her paramour. According to him this reaction of the deceased aroused his "Ghairat" and he had killed her by giving one hatchet blow. So far as the factum of giving one hatchet blow is concerned, it is belied by the medical evidence, according to which as many as six injuries were caused to the deceased. The other portion of his confession that he had a talk with the deceased and upon her untoward reply he was provoked, it is inconsistent with the statements of the eye-witnesses and is only an improvement attempted to bring the case within the ambit of sudden and grave provocation. No such suggestion has been given to any of the witnesses whereby it could be inferred that he had a private talk with the deceased like the one which he has narrated to have taken place before the commission of the offence. This part of the confession is therefore to be eliminated from consideration. The confession stands fully corroborated through the pieces of evidence taken from the testimony of P. Ws. Muhammad Usman, Darhoon Dittal and Limo. The other evidence which corroborates the confession in entirety is the recovery of blood-stained hatchet, shirt, "shalwar," and "chadar" which were recovered from the possession of the appellant.
The shirt, "shalwar" and "chadar" were blood stained according to the report of the Chemical Analyser. P. W. Kaim Muhammad Shah in whose presence the blood-stained clothes and hatchet were taken into custody, has not even been cross-examined as such his evidence as regards the recovery of the above-said articles goes unchallenged. To sum up, the prosecution has furnished the judicial confession of the appellant, which receives support in all the relevant aspects from the evidence of P. Ws. Darhoon, Dittal, Limo and Muhammad Usman. The other evidence corroborating the confession is that of recovery of the blood-stained hatchet and blood stained clothes from the possession of the appellant. The prosecution has thus been able to bring home the guilt to the appellant.
7. For the foregoing reasons I do not find any substance in this appeal which is hereby dismissed.
The sentence passed against the appellant is maintained.
' AGHA ALI HYDER, J.-I agree.