' This judgment will dispose of Criminal Appeal No,117/J of 1998 filed by Mst. Naseem Bibi, who was convicted and sentenced by learned Additional Sessions Judge, Gujrat on 14-7-1998 for the murder of Naseer Ahmad, who was real brother of complainant and of Muhammad Akhtar her husband.
She was awarded life imprisonment under section 302, P.P.C. With the further direction to pay Rs,20,000 as compensation to the legal heirs of the deceased, in default six months' R.I. Benefit of section 382-B, Cr.P.C. Was also granted to the appellant.,
2. This is a jail appeal, I appoint Kh. Muhammad Iqbal Butt, Advocat%to defend the appellant at State expense.
3. The occurrence in this case took place on 26-1-1997 at 1-00 a.m. In the house of the appellant while the complaint was lodged by Nadeem Ahmad P.W.1 real brother of the deceased at 6-00 a.m.
Which is Exh.P.A. While the formal F.I.R. Exh.P.A./1 was recorded on the same day at 7-00 a.m., although the police station was a distance of four miles away from the place of occurrence.
4. Briefly stated the prosecution case as set up in Exh.P.A. The statement of Nadeem Ahmad (P.W.1) is that he is resident of Kalara Punawan and he along with his brother Shaukat and Muhammad Saleem worked as labourer in Gujrat City. His elder brother Akhtar lived abroad. The wife of said Akhtar, Naseem Bibi lived in a rented house in village Kuthala. The younger brother of complainant Naseer also lived there. He and his brother also used to visit the house of Naseem Bibi of and on. On 26-1-1997 at 1-00 a.m. At night he got free from his work late, so instead of going to his home he alongwith his brother Saukat and Saleem came to the house of their Bhabi Naseem Bibi. When they reached near the outer door they heard the alarm of Naseer calling for help. Upon it the complainant and his brother jumped over the wall and entered the house they saw that their Bhabi Naseem Bibi was holding a Chhuri in her hand and in their presence she gave a Chhuri blow to Naseer on the front of his chest. Second Chhuri blow was also given by her which hit him on his abdomen.. Naseer fell down. They due to fear did not go near. Naseem Bibi accused thereafter, ran upstairs on the roof and fled away. When they reached near their brother Naseer he had died. The motive of the occurrence was that Naseem Bibi had a daughter Maqsood Bibi from her first husband. They used to demand the hands of Maqsood Bibi for Naseer. Naseem Bibi appellant refused. She in order to get rid of Naseer, committed this offence. The occurrence was seen by the complainant and his brothers. The complainant left behind his brother to guard the dead body and himself proceeded towards police station. When he reached G.T. Road, Kuthala he met Muhammad Younas, S.-I. (P.W.9) who recorded his statement Exh.P.A.
5. The Investigating Officer after reaching at the spot took into possession blood-stained earth vide memo. Exh.P.D. He also arrested the appellant on 6-2-1997, who led to the recovery of Chhuri P.4 blood-stained vide memo. Exh.P.E. On the same day. The Reports of Chemical Examiner regarding the blood-stained earth and blood-stained Chhuri are Exh.P.L. And Exh.P.K. Respectively.
6. Prosecution in order to prove its case produced nine witnesses in all. Amongst them two eye- witnesses are namely Nadeem Ahmad P.W.1 and Shafqat alias Shaukat P.W.3. One eye-witness has been given up by the prosecution. Thereafter, statement of the appellant was recorded under section 342, Cr.P.C. Was recorded. i. Learned counsel for the appellant has read before me the prosecution evidence, statement of the appellant recorded under section 342, Cr.P.C. And makes the following submissions. He submits that appellant has been falsely implicated in this case, that it was an unwitnessed occurrence, that there is a delay of six hours in lodging the F.I.R., that story given by the prosecution in the F.I.R. Is improbable and unnatural, that the appellant has been falsely implicated for the reasons that Muhammad Akhtar was her second husband and the brother of Muhammad Akhtar were not happy on this marriage and so she was falsely implicated in this case.
8. On the other hand, learned counsel for the State submits that it was the appellant, who was named in the F.I.R. She has caused injuries on the person of the deceased. She was arrested and led to the recovery of blood-stained Chhuri. She is not entitled to any relief by this Court.
9. I have heard the learned counsel for the parties and have also gone through the evidence recorded by the learned trial Court. In the instant case, occurrence has taken place in the house of the appellant. Both the eye-witnesses namely Nadeem Ahmad and Shafqat alias Shaukat were not residents of the place of occurrence, so their presence at the spot is doubtful. The house/place of occurrence is situated in a thickly populated area but not a single witness has been produced by the prosecution from that area. Moreover, it is very unnatural and improbable that although the three adult persons who claimed themselves as eye-witnesses and real brothers of the deceased were .Present at the spot but they failed to apprehend the lady appellant and she ran way in their presence from the spot. Appellant is aged about 50 years while the deceased was about 22 years of age. It also seems improper that deceased who was a young man would receive injuries at the hands of the lady appellant. The defence taken by the appellant looks to be more probable and natural one because it was the second marriage of the appellant with Muhammad Akhtar, the real brother of the complainant and the same was disliked by the complainant party and the possibility cannot be ruled out that the appellant had been falsely implicated in this case. While extending the benefit of doubt to the appellant I accept her appeal. The conviction and sentence awarded to the appellant by the learned trial Court is set aside. She be released forthwith if not required in any other case.