1. ' SYED 'DEEDAR HUSSAIN SHAH, J.---Through this appeal, the appellant has impugned the judgment of the learned Lahore High Court, dated 23-2-1993 whereby conviction and sentence of the appellant under section 302, P.P.C. To imprisonment for life was maintained.
2. ' In this case leave to appeal was granted by this Court on 13-4-1995. The prosecution case in brief is that Mst. Hajran deceased was married with the appellant 12/13 years ago and five children were born out of the wed-lock. However, the relations between the spouses were strained and they used to quarrel. On 22-11-1988. Atta Muhammad complainant the brother of Mst. Hajran took the appellant and Mst. Hajran to his house in Mauza Chahwala for having compromise in-between them. On 22/23-11-1988, while the complainant was sitting in the adjoining room alongwith Allah Yar and Habib P.Ws. And was chit-chatting with each other, they heard the noises of Mst. Hajran and the appellant as if they were quarrelling.
3. ' The complainant alongwith Allah Yar and Habib rushed towards the next room and found that the appellant firstly gave a push to Mst. Hajran who fell down on the cot and thereafter, he picked up a kulhara which was lying in the room and started giving blows to Mst. Hajran which hit the head of Mst. Hajran and she died then and there. The complainant party attempted to apprehend the appellant but he made his escape good with the Kulhara. The complainant lodged the F.I.R.
4. Narrating the facts as mentioned hereinabove. He also mentioned the motive for the crime to the effect that the appellant suspected Mst. Hajran was having illicit connection with his brother Ghulam Haider. Saifullah, Sub-Inspector went to the spot and took the dead body into possession and prepared inquest report and injury statement. Thereafter, the dead body was despatched for post-mortem examination. The Investigating Officer also secured blood-stained earth from the spot. He also noticed blood on the cot and mat which were also taken into possession. He also took into possession a lantern which was lying in the room. The post-mortem of Mst. Hajran was conducted by Dr. Asghar Jamil. Appellant Wahid Bakhsh was arrested on 25-11-1988 who led the police to the recovery of Kulhara which was stained with blood. The police despatched the said Kulhara to the Chemical Examiner. After finalization of the investigation, charge-sheet was filed before the Court having jurisdiction.
5. ' The learned Additional Sessions Judge-I, Muzaffargarh, at the conclusion of the trial, convicted the appellant under section 302, P.P.C. And sentenced him to suffer imprisonment for life and to pay a fine of Rs.5,000 or in default to further undergo R.I. For a period of two years, vide judgment, dated 21-1-1990. Ch. Muhammad Akram, learned counsel for the appellant submits that all the P.Ws. Are related inter se and the Courts below have not properly assessed and analysed the evidence, that the evidence so recorded by the prosecution is not convincing and worth reliance, that the children Murid Hussain and Mst. Nasreen and Mst. Batool Mai were not examined by the prosecution which created doubt about the involvement of the appellant in the commission of the crime.
6. ' We have heard Mr. Dil Muhammad Tarar, learned counsel for A.G. Who has contended that P.Ws.
7. Atta Muhammad, Habibullah and Allah Yar were the natural witnesses who were present in the house where the incident had taken place. They had given consistent and reliable evidence which was not shaken by the defense in cross-examination. The enmity whatsoever has not been alleged against these P.Ws. The ocular evidence is supported by the recovery of blood-stained Kulhara at the pointation of the appellant as well as blood-stained earth, cot and mat. The reports of these articles are in positive. According to Dr. Ashgar Jamil, the medical officer, the deceased had received two incised injuries and a lacerated wound caused by sharp-cutting weapon which were sufficient in the ordinary course of nature to cause death. The medical evidence also supported the prosecution case inasmuch as no question was put to the Investigating Officer as to why he had not examined the children witnesses mentioned in the earlier part of this judgment therefore, the plea raised by the learned counsel for the appellant in support of non-examination of said witnesses has no merit and substance. The evidence produced by the prosecution on record in the case is confidence inspiring and the guilt of the appellant stood proved beyond doubt.
8. We have heard the arguments of the learned counsel for the parties and minutely perused the evidence. The evidence produced by the prosecution is natural and consistent which is supported by the medical evidence as well as by the recovery of blood-stained Kulhara. The report of the Chemical Examiner is in positive. The witnesses examined by the prosecution had stood the test of the cross-examination by the defence and their evidence has not been shaken and there appears to be no misreading or non-reading of the evidence by the trial Court as well as by the Appellate Court. The findings of the Courts below are based on proper appraisement of evidence and not open to exception warranting any interference by this Court. We, however, found that benefit of section 382-B. Cr.P.C. Was not extended to the appellant by the trial Court as well as by the.
9. Learned High Court for which otherwise the appellant is entitled. We accordingly allow benefit of section 382-B, Cr.P.C. To the appellant.
10. ' For the above observations, the appeal stands dismissed.