' IRSHAD HASAN KHAN, J.---The petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 6-2-1995 passed in Criminal Appeal No,756 of 1993, Murder Reference No,290 of 1993, Cr.R. No, 561 of 1993 and Cr.R.No,141 of 1994 whereby the sentence of death awarded to the petitioner by the trial Court was reduced to life imprisonment while maintaining his conviction under section 302, P.P.C. However, the sentence of fine and compensation were maintained. The benefit of section 382-B, Cr.P.C., was awarded to the petitioner. Jumma Khan accused was acquitted by giving him benefit of double.
2. The allegation against the petitioner was that he alongwith his co-accused murdered his wife.
The complainant, who is brother of the deceased, lodged the F.I.R. The motive for the occurrence is that the petitioner and the acquitted accused had suspected bad character of Mst. Nasira Bibi deceased, which resulted in confrontation on a number of occasions between the parties.
3. The learned trial Court, relying on the ocular evidence furnished by Sardar Khan P.W. 11 and Akbar Khan P.W. 12, motive, medical evidence provided by Dr. Saeed Ahmed P.W.7, recoveries witnessed by Toot Khan P.W.4 and the Investigating Officer and the circumstantial evidence consisting of the statement of Muhammad Sultan, driver, P.W.5 and Babar Khan complainant P.W.10, convicted the petitioner and accused Jumma Khan, but acquitted Bhangi Khan accused.
4. The learned counsel for the petitioner argued that the circumstances of the case do not warrant conviction of the petitioner inasmuch as the eyewitnesses were closely related to the complainant and they were interested witnesses and, therefore, should not have been relied upon; there was delay of about one month and 9 days in the lodging of the F.I.R., which has not been satisfactorily explained by the prosecution; the motive as established by the prosecution was shrouded in mystery, therefore, it was not a case of capital punishment and in any case there were mitigating circumstances for further reduction of sentence; and finally it was argued that the investigation conducted by the police was not impartial, in that it was more inclined towards the complainant side.
5. The learned High Court, after thorough appreciation of the evidence on record and relying on the ocular evidence, motive and medical evidence maintained the conviction of the petitioner, but reduced his sentence from death to imprisonment for life as the High Court was not clear about the start of the occurrence and that both the parties took the deceased a woman of lax moral character. As to the contention that the eye-witnesses were closely related to the complainant party, the learned High, Court observed that the accused as well as the P.Ws. Were members of the Beradari, but their statements remained unchallenged. Clearly, mere relationship of the witnesses with the deceased is not a sufficient ground for disbelieving their testimony. Reference to Zar Bahadar v. The State (1978 SCM R 136) was rightly made, by the learned High Court. As to the motive, it was rightly observed that the same had virtually not C been denied by the defence, in asmuch as the petitioner, in his statement under section 342, Cr.P.C. Stated as under:- "I am innocent. Mst. Nasira Bibi was my wife. I had left Mst. Nasira Bibi with her parents at Chak No,272/RB, Tehsil and District Faisalabad. I myself proceeded to Bahawalpur side to find labour.
After a month or so I returned to the Chak and was told by Babar Khan that Mst. Nasira had died but did not explain the cause of her death. However, during my stay I learnt that in fact she was done to death by her father and uncle on some illicit suspicion and they had buried the body at some far off distance. When I insisted to point out the grave they refused and this led to some quarrel. I threatened them that I would proceed against them. Feeling this apprehension they in collusion with police made up a false case against me, my father and brothers at Bhakkar."
' As to the delay, the learned High Court took the following view:-- "The events that led to the registration of this case speak volumes and explain quite reasonably the delay which had taken place in the registration of this case. The occurrence had taken place in such a way that this much time was naturally to be taken by the complainant and the delay had been reasonably explained by Babar Khan (P.W.10). Mst. Nasira Bibi was living with her husband at Bhakkar and that too in a riverine area (Kacha). Both the families belonged to a nomad tribe of Pathans who could neither have a telephonic connection nor could have otherwise contacted the parents of the deceased expeditiously. The main, speedy and effective way, in the circumstances, they could have vizualised was to carry the deadbody to the village in Faisalabad and to inform the parents about the death of the deceased. Babar Khan complainant believing the version of the accused, in good faith, buried the dead body in a village which was sufficiently distantly placed from his abode and explained that there was number of graves of the Pathans of his Biradri and as such he thought it more advisable to bury the deceased there. It was subsequently when he goes to Bhakkar, naturally, to condole the death of his sister who was also wife of Abdullah Khan, appellant that he finds that everybody had disappeared from their abode where the occurrence had allegedly taken place. He is surprised and then meets the witnesses and after probing on his own, comes to the conclusion that the death was not natural and had been caused under dubious circumstances. He comes back to his village and as the dead body had been buried in Toba Tek Singh, approaches the relevant authorities and procures the order for exhumation of the dead body. The orders passed by the District Magistrate are conveyed to the R.M. Gojra who in the company of the relevant doctor supervises the disinternment. All this process takes quite a few days. Toba Tek Singh authorities were of the view that since the occurrence has taken place at Bhakkar it fell within their jurisdiction and the matter was referred to District Magistrate, Bhakkar who transmitted it to the local police."
6. We also find no substance in the bald allegation that investigation conducted by the police was partial. There is nothing on record to justify this vague and general allegation.
7. We do not find any infirmity whatsoever in the impugned judgment. The sentence imposed by the High Court is legally justified in the circumstances of the case and no case is made out for further reduction in the sentence. We, therefore, see no ground for interference. The petition is dismissed and leave is refused.