' SH. ABDUR RAZZAQ, J.---Ata Muhammad and his five sons, Ghulam Muhammad, Shah Nawaz, Noor Muhammad, Muhammad Ramzan and Muhammad Sultan and his wife Mst. Rasool Bibi, alongwith Khan Muhammad, a first cousin of Mst. Rasool Bibi, were challaned by the police of Police Station Khushab for offences under sections 302, 307, 148 and 149, P.P.C. Read with section 109, P.P.C. The allegation against the accused, as mentioned in F.I.R. Exh.P.L., dated 27-7-1987 lodged at the instance of Sher Muhammad P.W., are that on 27-7-1987 at about 7.00 a.m. When Ghulam Muhammad accused was armed with a hatchet, Muhammad Sultan, Shah Nawaz, Muhammad Ramzan and Noor Muhammad accused were armed with Sotas, at the abetment of Khan Muhammad accused and in the prosecution of their common object, they alongwith Ata Muhammad and Mst. Rasool Bibi accused committed a murderous assault on Ghulam Rasool P.W.
And pulled out his eye balls and caused intentional murder of Mst. Ghulam Sakina in the Dera of Hattaranwala, village Koray, Police Station Khushab. The motive for the abovementioned occurrence was that about 6 or 7 months prior to the occurrence, Yousaf aged about 8 years, a brother of Mst. Ghulam Sakina deceased, had allegedly molested Mst. Manzooran aged about 4 years, daughter of Ata Muhammad accused. About 3 days prior to the occurrence, Ata Muhammad accused asked Ghulam Rasool P.W. To turn out his wife and his in laws from his house to which he did not accede.
2. After completion of investigation, the police submitted the challan against the accused named above.
3. A charge under sections 302, 307, 325/34, 148 and 149, P.P.C. Was framed against the accused to which all of them pleaded not guilty and claimed trial.
4. In order to prove its case, prosecution examined P.W.1 Dr. Muhammad Afzal who on 27-7-1987 at 1.30 p.m. Conducted post-mortem examination of Mst. Ghulam Sakina and found five injuries on her person, out of which injuries Nos. I to 3 were responsible for her death. He issued post-mortem examination report Exh.P.A. And sketch of injuries Exh.P.A./1 and Exh.P.A./2. On the same day, he also medically examined Ghulam Rasool injured and found three injuries on his person and issued medico-legal report Exh.P.B. And diagram of injuries Exh.P.B./1. P.W.2 Dr. Zaheer Ahmad Qureshi examined injured Ghulam Rasool on 28-7-1987 who had been referred to him by P.W.1 Dr. Muhammad Afzal Senior Medical Officer. He found that both the eye balls were injured and there was no sight in it. He issued report Exh.P.B./3 which bears his signature. P.W.3 Muhammad Sadiq Revenue Patwari visited the place of occurrence and prepared site plans Exh.P.C. And P.C.1 and delivered the same to the Investigating Officer on 13-8-1987. P.W.4 Muhammad Islam A.S.I. Deposed that on 27-7-1987, he was given three parcels containing blood-stained earth, a hatchet and a Sota by Abdul Hameed Niaz S.H.O. For keeping the same in Malkhana. On 25-8-198.7 he delivered the abovementioned three parcels to Gul Jan constable for onward transmission to the office of Chemical Examiner Lahore. P.W.5 Gul Jan constable supported the version of P.W.4 Muhammad Islam Moharrir regarding delivery of parcels and their onward transmission to the office of Chemical Examiner on 26-8-1987. P.W.6 Muhammad Riaz constable escorted the dead body of Mst.
Ghulam Sakina on 27-7-1987 and later on delivered her last worn clothes P.1 to P.3 which were secured by the Investigating Officer vide memo. Exh.P.D. P.W.7 Ahmed Din is the witness in whose presence blood-stained earth was secured vide memo. Exh.P.E. On 30-7-1987, accused Ghulam Muhammad led to the recovery of a hatchet P.4 which was secured vide memo. Exh.P.F. On 31-7- 1987, accused Muhammad Ramzan, Shah Nawaz, Noor Muhammad and Muhammad Sultan led to the recoveries of Sotas P.5 to P.8 respectively which were secured vide memos. Exhs.P.G., P.H., P.J.
And P.K respectively. P.W.7 Sher Muhammad is the complainant who supported his version appearing in F.I.R. Exh.P.L. P.W.9 Ghulam Rasool is the injured eye-witness of this occurrence who corroborated the prosecution version as well as the statement of P.W.8 Sher Muhammad. P.W.10 Ali Muhammad is another eye-witness of this occurrence who supported the prosecution version.
P.W.11 Abdul Hameed Khan Inspector deposed that on 27-7-1987, he was posted at Police Station Khushab and on the statement of Sher Muhammad had recorded F.I.R. Exh.P.L., thereafter, he proceeded to the place of occurrence and prepared the statement of injury Exh.P.M. And inquest report Exh.P.N, of Mst. Ghulam Sakina, which was lying at the Dera Hattaranwala. He despatched the dead body for post-mortem examination through Muhammad Riaz constable and also despatched Ghulam Rasool injured for medical examination. He secured blood-stained earth from the place of occurrence of Mst. Ghulam Sakin and made a sealed parcel of the same vide memo.
Exh.P.E. He arrested all the accused except Khan Muhammad. On the same day, Muhammad Riaz constable produced last worn clothes of the deceased P.1 to P3 which he secured vide memo.
Exh.P.B. On 30-7-1987, he secured hatchet P.4 at the instance of Ghulam Muhammad accused vide memo. Exh.PF and prepared site plan of the place of recovery Exh.P.F./1. On 31-7-1987, the accused Muhammad Ramzan, Shah Nawaz, Noor Muhammad and Muhammad Sultan led to the recovery of Sotas P.5 to P.8 which he secured vide memo. Exhs.P.G., P.J. And P.K. And also prepared site plans of places of recovery Exhs.P.G./1, to P.K./1. On 30-8-1987, he arrested the accused Khan Muhammad.
He got the site plans Exh.P.C. And Exh.P.C.1 prepared from patwari and handed overall the parcels to Moharrir for keeping the same in Malkhana. Thereafter, the learned District Attorney gave up Muhammad Akram, Allah Ditta, Khizar Hayat and Muhammad Khan P.Ws. As having been won over whereas Mst. Fateh Bibi, Mst. Ghulam Fatima, Mst. Bushra, Allah Ditta and Muhammad Yousaf being unnecessary. He also produced supports Exhs.P.P. To P.U. And closed the case for prosecution.
5. The statement of the accused Ata Muhammad was recorded under section 342, Cr.P.C. Wherein he admitted the relationships of the accused inter se and stated that Ghulam Rasool P.W. Had told him that he would turn his house into a brothal. He admitted the occurrence and stated that he alongwith his wife and sons had participated in it, that some of them caught hold of Ghulam Rasool P.W. And he tried, to take out the eye balls with his bare hands and had seriously injured his both eyes. He denied the presence of Ali Muhammad P.W. At the place of occurrence. He admitted that he had committed the murder of Mst. Ghulam Sakina deceased. He stated that he would neither produce evidence in his defence nor would make statement on oath under section 340(2), Cr.P.C. The statements of accused Ghulam Muhammad, Muhammad Sultan, Shah Nawaz, Muhammad Ramzan, Noor Muhammad, Mst. Rasool Bibi and Khan Muhammad have also been recorded under section 342, Cr.P.C. Wherein they admitted their relationship inter se but have denied the other contentions of the prosecution. All of them neither produced any evidence in defence nor chose to record their statements under section 340(2), Cr.P.C.
6. After going through the evidence produced by the prosecution, the learned trial Court (Ch. Ehsan-ul-Haq Judge, Punjab Special Court No,VIII, Sargodha) acquitted the accused Muhammad Sultan, Noor Muhammad, Mst. Rasool Bibi and Khan Muhammad by extending them benefit of doubt, whereas convicted the accused/appellants Ata Muhammad, Ghulam Muhammad, Muhammad Ramzan and Shah Nawaz vide judgment, dated 27-9-1988. The appellants Ata Muhammad and Ghulam Muhammad were convicted under section 302/34, P.P.C. And sentenced to death and a fine of Rs,30,000 each or in default thereof to undergo R.I. For 5 years each. The appellants Shah Nawaz and Muhammad Ramzan were convicted under section 302/34, P.P.C. And were sentenced to imprisonment for life and a fine of Rs,20,000 each or in default thereof to undergo R.I. For 3 years each. The appellant Ata Muhammad, Ghulam Muhammad, Shah Nawaz and Muhammad Ramzan were also convicted under section 325/34, P.P.C. And sentenced to R.I. For 7 years and a fine of Rs,10,000 each or in default thereof to undergo R.I. For one year each. It was further ordered that out of the fine, if realized, a sum of Rs,50,000 shall be paid to the legal heirs of the deceased Mst. Ghulam Sakina and Rs,30,000 to Ghulam Rasool injured P.W. As compensation under section 544-A, Cr.P.C. The appellants/accused have felt aggrieved and filed this appeal.
' Arguments have been heard and record perused.
8. It is submitted by learned counsel for the appellants Ata Muhammad and Ghulam Muhammad that death sentence awarded to the abovementioned appellants has been commuted into imprisonment for life by virtue of General Amnesty Order of the President, 1988, as such they alongwith other appellants are now undergoing imprisonment for life. He next submitted that as per statement of the appellant Ata Muhammad recorded under section 342, Cr.P.C., he has admitted to have taken out the eye balls of Ghulam Rasool P.W. And had also committed the murder of Mst. Ghulam Sakina, that in the light of his said confessional statement, the learned trial Court was not justified in passing an order of conviction against Ghulam Muhammad, Shah Nawaz and Muhammad Ramzan appellants. He further submitted that Sher Muhammad complainant is not an eye-witness as such prosecution case rests upon the statements of P.W.9 Ghulam Rasool and P.W.10 Ali Muhammad, that P.W.9 Ghulam Rasool ha implicated the appellant Ghulam Muhammad for causing murder of Mst Ghulam Sakina by inflicting hatchet blows on her neck and Ata Muhammad appellant for taking out his eye balls, that no specific overt act has been attributed to Shah Nawaz and Muhammad Ramzan appellants, that he (P.W.9 has simply stated that appellant Ata Muhammad had caught hold of him, the similarly Ali Muhammad,. (P.W.10) has implicated Ghulam Muhamma appellant for causing death of Mst. Ghulam Sakina deceased and Al Muhammad appellant for causing injuries to the eyes of P.W.9 Ghulam Rasool that as no fatal injury is attributed to Ata Muhammad appellants, so he could ni be awarded the punishment of death (which now stands commuted in imprisonment for life), that as no overt act has been attributed to Shah Naw; and Muhammad Ramzan appellants, so they could not be convicted even and section 325/34, P.P.C. He, thus, submitted that prosecution has failed to connect the appellants Ata Muhammad, Shah Nawaz and Muhammad Ramzan, with the commission of offences charged against them as such the appeal may be accepted and they may be acquitted.
9. On the other judgment under appeal has been supported by learned counsel for the State assisted by learned counsel for the complainant.
10. Both the appellants Ata Muhammad and Ghulam Muhammad have been convicted under section 302/34, P.P.C. And sentenced to death and a fine of Rs,30,000 or in default thereof R.I., for 5 years each. As stated by learned counsel for the appellants and admitted by learned counsel for the State, death sentence awarded to Ata Muhammad and Ghulam Muhammad appellants stands commuted to imprisonment for life as per General Amnesty Order of the President, dated 7- 12-1988. Thus, at present both the said appellants Ata Muhammad and Ghulam Muhammad are undergoing imprisonment for life. It has been categorically deposed by P.W.9 Ghulam Rasool and P.W.10 Ali Muhammad that it was Ghulam Muhammad appellant who caused three hatchet blows on the neck of Mst. Ghulam Sakina which resulted into her death. Both these P.Ws. Have been subjected lengthy cross-examination and learned counsel for the defence has failed to impeach their credibility. The mere fact that the appellant Ma Muhammad has stated in his statement recorded under section 342, Cr.P.C. That it was he who committed the murder of Mst. Ghulam Sakina does not absolve the appellant Ghulam Muhammad from the commission of her murder, which stands proved from the prosecution evidence, which has come on record. The appellant Ata Muhammad, being father of Ghulam Muhammad, Shah Nawaz and Muhammad Ramzan appears to have made the abovementioned confessional statement in a bid to save the lives of his sons.
However, his mere admission is not sufficient to prove the innocence and non-involvement of others in the commission of this heinous offence. The statements of P.Ws.9 and 10 clearly prove that Ghulam Muhammad appellant is responsible for causing death of Mst. Ghulam Sakina deceased and as such he has been convicted and sentenced in accordance with law.
11. So far as the case of appellant Ata Muhammad is concerned, he has been attributed the role of taking out the balls of P.W.9 Ghulam Rasool. He has also been assigned the role of taking both P.W.9 Ghulam Rasool and Mst. Ghulam Sakina to their house and of instigating his co-accused to commit their murder. However, Ata Muhammad appellant has admitted in his statement under section 342, Cr:P.C. That he committed the murder of Mst. Ghulam Sakina and also took out the eye balls of P.W.9 Ghulam Rasool. In view of his own admission regarding causing death of Mst. Ghulam Sakina, the learned trial Court has rightly convicted and sentenced him under section 302, P.P.C. It is thus proved that both the appellants Ghulam Muhammad and Ata Muhammad have been convicted under section 302/34, P.P.C. In accordance with law. Both the appellants (Ata Muhammad and Ghulam Muhammad) have been sentenced to pay a fine of Rs,30,000 each or indefault thereof R.I. For 5 years each, besides the death sentence, which now stands converted into imprisonment for life. Keeping in view the peculiar circumstances of this case, we feel that sentence of fine is harsh one and as such we reduce the same from Rs,30,000 to Rs,15,000 each or in default thereof R.I. For one year each. The appellant Atta Muhammad as per his own statement under section 342, Cr.P.C. As well as on the basis of the statements of P.Ws.9 and 10, and the appellant Ghulam Muhammad on the basis of ocular evidence of P.Ws.9 and 10 are proved to have committed offences under section 325/34, P.P.C. And they have been convicted and sentenced in accordance with law and the said sentence is hereby maintained. It is ordered that this sentence awarded to the appellants Ata Muhammad and Ghulam Muhammad under section 325/34, P.P.C.
Shall run concurrently with the sentence awarded to them under section 302/34, P.P.C.
12. So far as the appellants Shah Nawaz and Muhammad Ramzan are concerned, they have not been assigned any specific role for causing death of Mst. Ghulam Sakina as well as inflicting injuries to P.W.9 Ghulam Rasool. Thus, it is held that prosecution has failed to connect the appellants Shah Nawaz and Muhammad Ramzan with the commission of offences either under section 302/34, P.P.C. Or under section 325/34, P.P.C. Accordingly, the appeal to the extent of Shah Nawaz and Muhammad Ramzan is accepted and they are hereby acquitted. It is ordered that they (Shah Nawaz and Muhammad Ramzan) be released forthwith if not required in any other case. It is further ordered that out of the fine of Rs,30,000, a sum of Rs,20,000 shall be paid to the heirs of Mst.
Ghulam Sakina and a sum of Rs,10,000 shall be paid to the injured P.W.9 Ghulam Rasool.
13. With this modification, the appeal stands disposed of.