RIAZ KAYANI, J.- Ghulam Murtaza son of Muhammad has called in question the judgment of the learned Sessions Judge, Jhang dated 11.11.1997 whereby he was convicted under Section 302(b) PPC for committing Qatl-e-Am of Mst. Jannatan Bibi and sentenced to imprisonment for life. He was also ordered to pay Rs.10,000/- as compensation to the heirs of deceased Mst. Jannatan Bibi, and, in default, to undergo R.I. For six months. He was also convicted under Section 324, PPC for making a murderous assault on Mst. Anwar Bibi and punished with R.I. For ten years and a fine of Rs.5,000/- and in default thereof to undergo further R.I. For three months. He was also punished under Section 337-A(ii), PPC for causing injuries to Mst. Anwar Bibi PW and ordered him to pay Rs. 11,675/- as Arsh being 5% of the amount of Diyat and also to undergo R.I. For five years. He was also convicted under Section 337-A(i), PPC for injury No.2 caused to Mst. Anwar Bibi and ordered to pay Rs.2,500/- as Daman and to undergo R.I. For two years. He was further convicted under Section 337-A(i), PPC for causing injury No.3 and sentenced to pay Rs.2,50Q/- as Daman and also to undergo R.I. For two years. In case of non-payment of amounts of Arsh and Doman,' in full, the same to be recovered from him and until the same were either paid in full or recovered he was to be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment. All the sentences of imprisonment were ordered to run concurrently. Benefit of Section 382-B Cr.P.C, was also extended to the appellant.
2. The occurrence which resulted in the death of Mst. Jannatan and injuries to Mst. Anwar Bibi took place on 24.5.1995 at 4 a.m. In the house of Mst. Jannatan Bibi in Katchi Abadi, Mohallah Jalal Abad, Jhang. The crime was reported by Haq Nawaz (PW-7) to Nisar Ali, S.I. Near Tanga Stand, Jhang City vide complaint Ex.PB which was sent to the Police Station for registration of the case and the same was registered at the Police Station by Muhammad Yar, Muharrir Head Constable at 9.40 a.m. On 24.5.1995 vide F.I.R. Ex.PB/1.
3. The version given by the complainant in the complaint is that he is resident of Chak No. 193/JB and earns his livelihood through cultivation. Mst. Jannatan Bibi is the widow of Abdul Sattar who was brother of the complainant and Mst, Anwar Bibi was the daughter of Mst. Jannatan Bibi and Abdul Sattar his brother and both of them reside in Katchi Abadi Jalal Abad, Jhang City, On 23.5.1995 he went to visit his sister-in-law and his niece Mst. Anwar Bibi at Jalal Abad and stayed for a night in the house of Mst. Jannatan Bibi, At about 8,45 p m.' Master Wajid Ali, Shopkeeper accompanied by Muhammad Aslasm, Constable Anti- Corruption, Jhang came to the house and after sitting- there for half hour went back, Mst. Anwar Bibi locked the main gate from inside and laid on her cot. Sometime thereafter Ghulam Murtaza resident of jondla came and knocked at the door which was opened by Mst, Anwar Bibi. Gautam Muitaz had mangoes in one hand and milk in the other; came inside and gave them mangoes to eat and asked for sugar for preparing lassi to be taken after the mangoes, Mst. Anwar Bibi fetched sugar from the shop of fido and was mixed by Ghulam Murtaza in lassi which was taken by Mst. Jannatan Bibi, Mst. Anwar Bibi and himself and thereafter, they all went to sleep. Ghulam Murtaza also slept near them. At about 4 a.m, the complainant and Mst. Jannatan Bibi woke up hearing the noise and saw that Ghulam Murtaza was injuring Mst. Anwar Bibi with a brick and within their sight gave three blows to Mst. Anwar Bibi which hit on her head towards left side. Mst. Jannatan Bibi went to rescue her daughter upon which Ghulam Murtaza gave her a brick blow on her head on the left side upon which both Mst. Anwar Bibi and Mst, Jannatan Bibi became unconscious. Op his hue and cry Haq Nawaz son of.
Muhammad and Mst. Sharoman residents of Katchi Abadi, Jalal Abad, Jhang also came and saw the occurrence. They tried to catch hold of Ghulam Murtaza but he after throwing the brick at the spot, managed to run away. It is stated that Ghulam Murtaza frequently used to come to their house had bad intention towards Mst. Anwar Bibi who after administering some sleeping material in lassi tried to molest Mst. Anwar Bibi who resisted his attempts and in retaliation injured her and Mst, Jannatan Bibi, who were taken to Civil Hospital, Jhang by him alongwith Haq Nawaz and Mst.
Shamman for treatment but Mst. Jannatan Bibi after reaching hospital succumbed to her injuries and Mst. Anwar Bibi was got admitted by the Doctor in the hospital. He left Haq Nawaz and Mst.
Shamman to guard the dead- body of Mst. Jannatan Bibi and came to get the complaint registered.
4. Nasar Ali, SI/SHO, Police Station, City Jhang was present on patrol duty at Tonga Stand, Jhang City when complainant Haq Nawaz got recorded complaint which was sent to the Police Station for registration of the case. The Investigating Officer proceeded to the District Headquarters, Jhang where he prepared injury statement (Ex.PE) and inquest report (Ex.PF) of Mst. Jannatan Bibi, and handed over the dead-body to Foot Constable Muhammad Ramazan for being taken to the mortuary for autopsy. He recorded die statement of Mst. Anwar Bibi in the hospital and also got her medically examined through medico-legal report (Ex. P!). Thereafter the Investigating Officer went to the place of occurrence where he took into possession blood-stained earth vide mem'' Ex.PG and brick (P-3) vide memo. Ex.PH.
5. On 30.12.1995 the investigation was transferred to Abid Gbani, S.I. (PW-10) posted as SHO, Police Station, City Jhang. On 3.1.1996 he arrested Ghulam Murtazs accused. Finally on 20.1.1996 he submitted his report under Section 173 Cr.P.C, alongwith the challan.
6. Dr. Muhammad Zafar Iqbal Patuana, Medical Officer (PW-12) on 24.5.1995 at 7 a.m. Medically examined Mst. Janatan Bibi widow of Abdul Sattar aged 55 years and noted one injury which was lacerated wound 5 c.m, x 1.3 c.m. x bone deep with swelling 4 c.m. x 4 c.m. On the left side of head 5 c.m. Above the left ear pinna. The injury was caused by blunt weapon with a probable duration of 6-8 hours.
7, On the same day at 7.5 a.m. He also medically examined Mst. Anwar Bibi daughter of Abdul Sattar, aged about 27 years and noted the following injuries.
(1) The lacerated wound 1,5. c.m. x 0.5 c.m, x bone deep on the left side of head anterior part, 8 c.m.
Above the left ear pinna.
(2) A lacerated wound l c.m. x 0.5 c.m. x scalp deep on the left side of head, 4 c.m. Above the injury No; 1.
(3) A lacerated wound 1 c.m, x 0.5 c.m. x scalp deep on the left side of head 2 c.m, above injury No.2,
(4) A contused swelling 4 c.m. x 3 c.m. On die right side of fore-head extending to right eye brow.
(5) Multiple abrasions in an area of 6 c.m. x 4 c.m. On the front and right side of the neck.
(6) Complaint of pain on back of whole chest upper part.
8. Injuries Nos.I to 4 and 6 were kept under observation and X-Ray was advised. Injury No.5 was damiah. All the injuries were caused by blunt weapon. The probable duration of the injuries was within 6 to 8 hours.
9. Dr. Faruq Ahmad, Medical Officer, DHQ Hospital, Jhang or 24.5.1995 conducted the post-mortem examination on the dead-body of Mst. Jannatan at 12.45 p.m. And observed the same injuries which Doctor Zafar Iqbal had docketed. In his opinion the injury No.1 was sufficient to cause death in th ordinary course of nature damaging the vital organ brain. The injury was ante mortem and was caused by blunt weapon. The probable duration between injury and death was within 12 hours and between death and post-mortem within 8 hours.
14. The appellant denied the charge, pleaded not guilty and claimed a trial.
15. During the trial the prosecution examined as many as 12 witnesses. The Public Prosecutor tendered in evidence, the report of the Chemical Examiner and that of the Serologist Ex.PL regarding the blood found on the brick. The blood was found to be of human origin. The report of the Chemical Examiner (Ex.PM) and that of the Serologist (Ex.PN) with regard to the earth was also positive and the expert opined that the blood was of human origin.
16. The appellant when examined under Section 342 Cr.P.C, denied the occurrence and in reply to question No.7 his answer was as under:- ."PW Mst. Anwar Bibi is -originally resident of Mauza Nither key, Tehsil Chiniot, District Jhang. She is a woman of easy virtues. She had illicit connection with her cousin Allah Yar. It was on that account that said Allah Yar was murdered by Haq Nawaz her real brother. It was on account of her immorality of character that her husband turned her out from his house. She thereafter had been living with her mother Mst. Jannatan in Jhang City. Even at Jhang City she persisted in the immorality of character. People of licentious character used to visit her at the house. On the event of the fateful night, she and her mother were all alone at their house in Jhang City. In the darkness of the night, some unknown assailant injured both of them while they-were asleep. The murder of Mst. Jannatan was in fact a b|ind murder. PW Mst. Anwar Bibi too was unable to identify the assailant. Complainant Haq Nawaz is resident of Mauza Nither key and during the night of the incident he was there in that Mauza. None of the other PWs was present at the place of occurrence at the relevant time. My previous wife Mst. Shamim was on friendly terms with Mst. Anwar Bibi. I forbade my wife to see Mst. Anwar Bibi but she did not yield. Thereon I divorced her. I have two daughters from Mst. Shamim. PW Mst. Anwar Bibi and Mst. Shamim demanded from me the custody of my said daughters which I refused. There had been a quarrel between us on that account. It is on that account at PW Mst. Anwar Bibi, by coining a false story, and calling her uncle Haq Nawaz from Mauza Nither key, -droped me for the crime in the case wife fee collusion of the other PWs. PW Haq Nawaz son of Muhammad Baldish is also related to her."
17. The appellant also examined Inspector Abdur Rashid as-DW-1. This witness partly investigated the case and stated feat the parties had agreed to fee investigation by mode of Neian. Haji Ghulam Muhammad gave a letter to fee Investigating Officer as a consequence of which he exonerated the appellant from the commission of the offence although he was not an eye witness.
18. DW-2 Shamman was also produced as a witness.
19. Learned counsel appearing for the appellant at State expense bitterly criticised die prosecution evidence and stated that there was a delay of six hours in lodging the F.I.R, which was consumed in consultation and making out a probable prosecution version. It was next contended that two eye- witnesses, namely, Haq Nawaz son of Mahla (PW-7) and Haq Nawaz son of Muhammad Bakhsh (PW-9) were disbelieved by the learned Trial Court as being chance witnesses; conviction on the solitary statement of Mst. Anwar Bibi could not be based.
20. Conversely learned counsel appearing for the State submitted that the motive set up by the appellant in the statement under Section 342 Cr.P.C, weighed heavily against him and proved his culpability. He supported the conviction and sentence awarded by the learned Trial Court.
21. I have attended to the arguments of the learned counsel submitted at the bar before me and have also gone through the record. My conclusion is that the prosecution has satisfactorily proved the case against the appellant for the reasons given in the ensuing paragraphs.
22. Mst. Anwar Bibi is an injured witness and her presence in her house at the time of occurrence cannot be denied by any stretch of imagination. She has no rancour or enmity against the appellant to falsely involve him. Substitution is a rare phenomena particularly where a single accused is involved. The appellant himself stated that he has divorced his wife because she was on good terms with Mst. Anwar Bibi and as she did not mend her in meeting Mst. Anwar Bibi who was of immoral character, he divorced her. Now Mst. Anwar Bibi alongwith his former wife were pestering him for the return of his two daughters to his former wife which she resented, therefore, false case was registered against him because it was an unseen occurrence in which some person in order to satisfy by this Mst Anwar Bibi had injured her.
23. The defence taken by the appellant cannot advance his case for the reason that whosoever came to Mst. Anwar Bibi to have coitus with her must be known to her. If Mst. Anwar Bibi was of immoral character she would have allowed any person other than the appellant to have sex with her but she would definitely resist- such an attempt by the appellant because of stopping his wife Mst. Shamim to meet her. The appellant it seems went to make amorous advances towards Mst.
Anwar Bibi which were resisted by her and finding a brick lying there started beating her which awakened Mst. Janatan Bibi who in order to rescue her daughter came forward and received a brick blow directly on her. Head which damaged her brain matter resulting in her death. The deposition given by Mst. Anwar Bibi PW is a ring of truth around it and exists no reason why her statement should be disbelieved, I am not persuaded to discard her confidence inspiring testimony. Learned counsel could not show me any law whereby conviction could not be based on the testimony of sing' > injured witness to convince the Court about the truth of her statement. The learned Trial Court has already taken a lenient view of awarding the appellant lesser penalty of life Imprisonment. I do not find any infirmity in the well-reasoned judgment of the learned Sessions Judge, Jhang. Therefore, 1 maintain the conviction and sentence passed by him vide judgment dated 11.11.1997. The appeal of the appellant being meritless is accordingly dismissed.