' JAMALUDDIN H. AHMED, J.-Appellant Malook son of Wazir Babur, was convicted under section 302, P. P. C. For causing the murder of Mst. Bhag Bhari on 23rd December, 1974, and is sentenced to death by the Sessions Judge, Tharparkar. He has filed his appeal against the said convictions and sentence, and the matter has also been referred to this Court for confirmation of the death sentence.
2. The deceased during her infancy had been promised in marriage to the appellant, but her parents refused to perform this marriage when she became of marriageable age as the appellant had acquired the reputation of a bad character. The appellant had as a consequence given threats that he would not spare her. On the day of incident at about 10 a.m. The deceased alongwith her mother Mst Khatija and younger sister Mst. Sabhagi had gone to fetch water from a well that was nearby. On their return, when they carried the water-pitchers on head, the appellant came out of the jungle and with the hatchet that he carried, and rushed on them. The deceased having thrown the water-pitcher started running and so did the other two. The appellant chased her overtook her on the road and gave her hatchet blows resulting in her death. Qurban, a grazier boy who was nearby with his cattle, also saw this murder, and he was sent to inform Kandero and Punhoon, the father and brother of the deceased who were in Umerkot town at that time for selling their chaff. Being thus informed, they rushed up to the place of incident and were informed by Mst Khatija and Mst. Sabhagi about what had happened, Punhoon then went and lodged the report for this crime at Umerkot Police Station which was recorded by Head Constable Khan Mohammad at 1 p. m. The place of murder was about 14 miles from the police station.
3. This police officer proceeded to the Wardat and prepared a Mashirnama of that place. He collected the blood-stained earth and the broken pieces of water pitcher lying nearby. He also secured a pair of slippers, a sheet and a pull-over from the place from where the appellant was said to have come out.
' He prepared a Mashirnama Exh. 11 in presence of Mashirs Fateh Khan and Wail Mohammad. He forwarded the deadbody to the Medical Officer, Umerkot for post-mortem examination. He examined Mst. Khatija, Mat. Sabhagi, Kandero and Qurban, and proceeded to Umerkot in search of the appellant. He located him near the Fort an I arrested him in presence of Fateh Khan and Litt Khan Mashirs. He had a hatchet at that time which also was secured but it had no blood stains. His shirt was also secured as it had some stains of blood. He then handed over the case papers to S. H.
O. Khair Mohammad who forwarded the articles to the Chemical Examiner and on completing the investigation submited the final challan in the Court on Elth February 1975.
4. Dr. Mohammad Ayub, the Medical Officer who held the autopsy found the following injuries on the person of the deceased Mat. Bhag.. Bhari:-
(1) Incised wound 5"x 2' x brain deep on the head, left side back, occipital region back to the left ear.
The occipital bone had been fractured and brain matter had oozed out.
(2) Incised wound 24' x x brain deep on the head, at the medical end of injury No, 1 on the occipital region left side.
(3) Incised wound 14' X 1' x bone deep, on the head parietal region right side.
(4) Incised wound 3' x 2' x bone deep on the back of neck 1" below injury No, 1.
(5) Incised wound 2' X 1' x bone deep about injury No, 4.
(6) Incised wound 3' re: 14' x bone deep on the lateral side of right shoulder.
(7) Incised wound 4' x 2 x bone deep on the back of right hand. The bone of thumb and index finger have been cut.
(8) Incised wound r on left middle finger in the middle. The finger is cut thoroughly.
(9) Incised wound 4 on left ring finger on the left. The finger is cut thoroughly.
(10) Incised wound 1' x r bone deep on the lateral side of right arm in the middle.
' Injuries Nos. 1, 2 are dangerous, Nos. 7, 8, 9 grievous and others are simple.
' In the opinion of the doctor the cause of death was shock and haemorrhage due to injuries to the brain and other parts of the body caused by sharp-cutting weapon like hatchet.
5. At the trial prosecution relied upon evidence of eye-witnesses Mat. Khatija, Sabhagi and Qurban, and the corroborative evidence of Punhoon and Kandero, who were informed about the occurrence. There was also the evidence of motive fee the murder, and witnesses Khatija, Kandero and Punhoon deposed to the fact that the appellant had murdered Mst. Bhaghbhari as her hand in marriage to him was refused and he had thereafter been threatening not to spare her.
' The medical evidence further corroborated the eye version account of the murder given by the eye-witnesses.
6. The appellant on the other hand denied the allegation that he had committed the murder of Mst.
Bhagbhari. He admitted that the deceased bad been promised to be married to him during her infancy, but when she had attained marriageable age, it was he who had abandoned the idea of marrying her. He, therefore, never threatened to murder her. He admitted that he was arrested from Umerkot town but denied that any hatchet or shirt was secured from him. He explained that he had been involved in the offence on account of the enmity with Idal Babur, brother-in-law of P. W.
Kandero. Idal had filed a criminal case against him in which he was acquitted. Apart from this, Abdul Wahid Kumbar had enmity with him over land and P. Ws. Kandero and Punhoon were haris of that Abdul Wahid Mst. Bhagbhari had, according to him, eloped with one Majeed Babur and since that time he was not interested in her.
7. Mr. Rochiram, learned counsel for the appellant has argued that the witnesses examined by the prosecution are all relations ; that, there were villages near the place of incident and people from there must have come to the place of incident, but no independent witness has been examined.
' The witnesses are admittedly related inter se, but there is nothing on record to show that they were interested witnesses so as to falsely implicate the appellant. Tilley are the natural witnesses of the murder which took place nearabout the well from where water was being brought by the women including the deceased. The blood-stained earth and the broken piece of the water- pitcher at the Wardat sufficiently corroborate the occurrence to have taken place there. About the other villagers reaching the place of incident the witnesses had specifically denied that any one had come there. Even when the father and brother of the deceased were informed at Umerkot, there was no person there. It is quite natural that the father and brother of the deceased should have first reached the spot rather than to go to the police station.
' So far as the false implication on account of Idal Babur or Abdul Wahid is concerned, it was also denied. As deposed by P. W. Kandero, the appellant was not visiting them at all which would indicate that they had no special reason to implicate him in the offence committed by anyone other than the appellant. Mr. Rochiram pointed out that near the place of incident a "chadar" (white sheet of cloth), a pall-over (sweater) a pair of slippers besides the pieces of burnt cigarettes had been secured. It was possible that this was a case where deceased Mst. Bhagbhari was found in company of someone there and had been murdered during the night. That crime being unwitnessed, the witnesses have chosen to implicate the appellant. This conclusion would obviously be fallacious and not based on reason what the learned counsel is suggesting would be a case of substitution which in the context of the facts of this case does not appear to be well- founded. His next contention was that P. Ws. Kandero and Punhoon who were informed about the commission of the murder while being very near the police station, would have immediately lodged the report with the police ; but the time taken in registering the report suggests that they had pondered over the name and decided to implicate the appellant. The argument is highly conjectural. The offence having taken place at about 10 a.m., there appears not much time wasted in lodging the report. Mr. Rochiram then pointed out to the medical evidence which shows that the contents of stomach of the deceased included semi-digested food. According to him, the time of the murder could not be 10 a. m. As P. W. Mst. Sabhagi had admitted that they had not taken any food on that day in the morning but had only taken tea. But it appears that Mst. Khatija, mother of the deceased stated that they had left for fetching water after taking breakfast. In any case no specific question was put to any witness about the deceased having taken anything in the morning or not.
8. There is ocular evidence of three natural witnesses against the appellant and there is no reason to disbelieve their version. Their evidence is corroborated by P. Ws Kander and Punhoon who were informed of the incident when they were at a distance of about miles from the place of the occurrence. The arrest of the appellant admittedly took place on the same day and the report of the Chemical Analyser shows that the shirt of appellant was stained with human blood. The witnesses had also given evidence about the motive behind this murder. As no substantial grounds ate made out for interference in the conviction and sentence passed against the appellant, his appeals is, therefore, dismissed and the sentence of death passed by the Sessions Judge, Tharparkar is confirmed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.