1. ' BASHIR A. MUJAHID, J.--- Hasham Ali son of Sahib Din has challenged judgment dated 19-2-1997 passed by the learned Additional Sessions Judge, Sheikhupura, whereby he was convicted under section 302, P.P.C. For committing murder of Rehana Bibi and sentenced to death. He was also ordered to pay Rs,50,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. Or in default thereof to further undergo 6 months' S.I. The appellant was further convicted under section 325, P.P.C. For attempt to commit suicide by inflicting Chhuri blows on his own body and was sentenced to one year's S . I.
2. ' The occurrence which resulted into the murder of Rehana Bibi took place at 11 a.m. On 12-8-1995 in the house of the accused/appellant in Mauza Dhanda at a distance of 9 Kms. From Police Station Laiser Kalan, District Narowal and F.I.R. No,188 of 1995 Exh.P.B./1 was registered on the statement (Exh.B.) of Muhammad Nawaz P.W.2 at 12-30 p.m. On the same day at Chowk Jhobali recorded by Muhammad Asghar, A.S.-I., P.W.13 alleging therein that on the day of occurrence at 11 a.m. Rehana Bibi sister of the complainant was going towards the house of Muhammad Yousaf, her uncle and when she reached in front of the house of Hasham Ali accused she was caught hold of by the accused who dragged her into his house and after taking her to his residential room, bolted the room from inside. Parveen Bibi daughter of Muhammad Yousaf aged about 16/17 years saw the incident and informed the complainant party on which the complainant, Muhammad Sharif son of Daulat and Muhammad Boota son of Allah Rakha P.W.3 rushed to the house of Hasham Ali and found his room bolted from inside. They peeped through the door and saw Hashim Ali had laid Rehana Bibi on the ground and had cut her throat with Chhuri and also caused injuries on her left cheek, mouth and right shoulder. He repeated Chhuri blows on her abdomen. Thereafter, he also injured himself with the same Chhuri and he also fell on the ground. The P.Ws. Entered the room by breaking the door and found Rehana Bibi dead lying in the pool of blood. Hashim Ali was also lying injured but breathing. The Chhuri was also lying nearby. Hashim Ali had tried to commit suicide.
3. ' The motive alleged for the occurrence was the Hashim Ali accused who was relative of the complainant was asking hands of Rehana Bibi which was refused by the complainant on which he had committed this offence.
4. ' Muhammad Asghar A.S.-I. After recording the statement of complainant Exh.P.B. Sent the same to police station for registration of F.I.R. And he himself arrived at the place of occurrence, took the dead body into possession and prepared the injury statement of Rehana Bibi vide memo. Exh.P.K.
5. And Inquest Report Exh.P.I. And dispatched the dead body for post-mortem examination to T.H.Q.
6. Hospital, Shakargarh through Abdul Ghani and Shafaqat Ali Foot Constables. He also prepared the injury statement of Hashim Ali Exh.P.W. He collected the blood-stained earth from the place of occurrence vide memo. Exh.P.C. He also took into possession Chhuri P.1 and knife P.2 both vide memo. Exh.P.D. He recorded the statements of the P.Ws. Under section 161, Cr . P. C .
7. ' Hashim Ali accused was also sent to Rural Health Centre, Laisar Kalan with Ali Asghar Shah, Foot Constable, who got him admitted in the hospital for his treatment. Thereafter, the investigation of the case was entrusted to Syed Jafar Hussain Shah, Inspector P.W.10 who on 20-8-1995 recorded the statement of Mst. Parveen Bibi P.W.12 under section 161, Cr.P.C. On 27-8-1995 he formally arrested Hashim All accused in this case. Thereafter, the investigation was entrusted to Mushtaq Ahmad Bajwa S.-I. P.W.9 who recorded statements of the P.Ws., completed the investigation and submitted the challan.
8. ' The accused denied the allegation and claimed trial.
9. ' During the trial prosecution examined as many as 13 witnesses to prove the guilt of the accused.
10. ' Medical evidence was furnished by Dr. Muhammad Asif Khan P.W.5 who on 13-8-1995 conducted post-mortem examination on the dead body of Rehana Bibi and found the following injuries on her person:-
(1) An incised wound was present on right side of neck measuring 10 x 2 c.m. Cutting skin facia, right sternecleigu mussel right common caroted artig sign of external bleedings present. Traechia was cut.
(2) An incised wound on right cheek at the angle of right side mandible injury was muscel deep.
(3) An incised wound 0.5 c.m. In length skin deep.
(4) An incised wound 4 x 0.75 c.m. On left cheek just above the chin.
(5) An incised wound 1 x 0.2 c.m. Skin deep on left cheek below left eye.
(6) An abrasion on the outer aspect of right upper of in its middle.
(7) An incised wound in right hypochondrium measuring 4 x 0.2 c.m. Skin deep.
(8) An incised wound 2 x 1 c.m. On dissection this injury found communicating in the cavity a small nick 1 x 1 c.m. In the right lob of livernoted, about 200 ml. Of blood was present in the peritoneal cavity.
(9) An incised wound measuring 2 x 1 c.m. In right iliac fossa. This injury was vacity deep touching no vicera.
(10) An incised wound measuring 2 x 1 c.m. Skin deep in left hyuposhendrium.
(11) An incised wound venial indirection 2 x 1 c.m. Muscle deep.
(12) An incised wound in front of left side of chest below left breast.
(13) An incised wound 2 x 0.5 c.m. On outer aspect of left upper arm muscle deep 2 c.m. Below left shoulder joint.
(14) An incised wound on the posterior left foscea 2 x 1 c.m. Skin deep and horizontal.
(15) An abrasion on the posterior aspect of left leg measuring 2 x 1 c.m. In its center.
(16) An incised wound on the posterior aspect of, left thigh muscle deep in its center.
11. ' Dr. Muhammad Arshad P.W.7 had medically, examined Hashim Ali accused on 12-8-1995 at Rural Health Centre, Laisar Kalan and found the following injuries on his person.
(1) An incised wound 1.5 c.m. Long on the nect right to the midline just below of adamen's apple.
12. The edges of wound are red and bleeding monsrately. The depth of wound is to the hypophyran.
13. The patient is unable to talk due to 'this injury and also cannot swallow anything. Patient kept under observation.
(2) An incised wound 1 c.m. Long skin deep just above adam's apple. The wound is red and bleeding.
(3) An incised wound 1 c.m. Long in the midline neck 1 c.m. Below injury No,
2. The colour is red and bleeding.
(4) An incised wound 1 c.m. Long in the right suppra clavicular. On its middle parts. Wound is skin deep red and bleeding the mussce ls is incised.
(5) An incised wound 1.5 c.m. Long skin deep just above the middle of left clavicul. Wound is red and bleeding.
(6) An incised wound 0.5 c.m. Long skin deep on the middle end of left clevical. Wound is red and bleeding.
(7) An incised wound'4 c.m. Long 1 c.m. Wide lunar in shape on the abdomen in the epigastrium the peripheral ends of the wound are muscle deep. The middle 1 c.m. Of wound is extending to the paritonial cavity. The wound is bleeding the viscera of abdomen are normal.
(8) An incised wound 1.2 c.m. Long on abdomen 3 c.m. Left to the midline 6 c.m. Below injury No,7.
14. The wound is muscle deep read and bleeding.
(9) An incised wound 1 c.m. Long on the abdomen 1 c.m. Left to the midline 4 c.m below injury No,8.
15. The wound is muscle deep red and bleeding.
(10) An incised wound 1.2 c.m. Long on the midline in abdomen 3 c.m. Below injury No,9. The wound is skin deep red and bleeding.
(11) An incised wound 1.5 c.m. Long muscle deep just left to the midline 1 c.m. Below injury No,10. The wound is red and bleeding.
(12) An incised wound 0.5 c.m. Long muscle deep on left side of abdomen 0.5 c.m. Left to injury No,l.
(13) An incised wound 1 c.m. Long muscle deep on abdomen 3 c.m. Above synphysis pubis. The wound is red and bleeding.
16. ' He also made observations as under at the time of medical examination of Hashim ' A middle age man of about 45 years of age was brought by police to this hospital lying on a cot covered by a sheet of clothes at 5 p.m. On 12-8-1995. He has injuries on neck and abdomen. He is lying quietly Cannot talk or swa llow. He is oriented of time and space and tries to tell something by the, movements of his hands.
17. ' The ocular account was furnished by Muhammad Nawaz P.W.2 who was complainant of the case.
18. He corroborated the version of F.I.R. And narrated the motive. Muhammad Boota was examined as P.W.3. He supported the prosecution story as an eye-witness. His statement is in line with the statement of the complainant He also attested the recovery of articles taken, into possession from the spot vide memos. Exhs.P.C. And P.D. Parveen Bibi was examined as P.W.12 who had stated that she saw the accused dragging Rehana Bibi forcibly to his house and she informed the mother of deceased. The remaining witnesses are of formal in nature and need not to be discussed.
19. ' The prosecution evidence was closed by tendering in evidence the report of Chemical Examiner as Exhs.P.M. And P.N. And that of Serologists Exhs.P.O., P.O./1, P.P. And P.P./1.
20. ' Statement of the accused under section 342, Cr.P.C. Was recorded.. He denied the charge and claimed his innocence and false involvement in the case. In reply to a question as to why this case against him and why the P. Ws. Deposed against him, he replied as under:-- "As the parents of Rehana Bibi and relatives of Rehana Kausar suspected that she had illicit relations with me so due, to this suspicion they attached Rehana and himself when Rehana came to his house to serve him with meals. They killed Rehana and injured him as he was helpless and poor person. There is nobody in the world who is his so they concocted this case against him and the P.Ws. Deposed against him to have their skin of real culprits who were their relatives and their thick and thin."
21. ' The trial culminated into conviction of the accused as mentioned above. He has filed Appeal No,13-J of 1997 against his conviction and sentence while the trial Court has sent up Murder Reference No, 41 of 1997 for confirmation of death sentence under section 374, Cr.P.C. Both the matters are being disposed of by this judgment.
22. ' Learned counsel for the appellant has argued that it was unwitnessed occurrence as the prosecution witnesses admitted themselves that the occurrence took place inside the residential room of the accused/appellant which was bolted from inside; the claim of Muhammad Nawaz P.W.2 and Muhammad Boota P.W.3 that they saw the appellant inflicting injuries to Rehana Bibi deceased is not correct and has been belied by Parveen Bibi P.W.12 by stating that through the door of room nobody could see and door has not been taken into possession by the Investigating Officer; that the motive as alleged by Muhammad Nawaz P.W.2 has not been corroborated by any other witness; that the prosecution witnesses are closely related inter se and their testimony has not been corroborated from any independent source; according to the opinion of the doctor who medically examined the accused, injuries on his person could not be self-inflicted, therefore, the prosecution story is false and the case against the appellant is doubtful.
23. ' Conversely the appeal has been opposed by the learned State counsel who has supported the impugned judgment.
24. ' Heard. Record perused.
25. ' The accused/appellant is closely related to the complainant party as his real sister is wife or Muhammad Yousaf, paternal-uncle of Muhammad Nawaz complainant and Rehana Bibi deceased. It was a daylight occurrence. Perveen Bibi who was aged about 16/17 years at the time of occurrence has narrated the story in natural way. She on seeing the accused dragging Rehana Bibi by catching from her hair to his room. She informed the mother of the deceased with whom she came to the house of the accused and found the door bolted from inside and they heard shrieks of the deceased on which the other P.Ws. Were also attracted and they found that Rehana Bibi had been murdered by the appellant. Her statement is confidence-inspiring. The complainant or other P.Ws. Have no previous enmity with the accused; therefore, there is no reason for his false implication or substitution. The ocular account narrated by Muhammad Nawaz P.W.2 and Muhammad Boota P.W.3 and Parveen Bibi P.W.12 has been fully corroborated by the medical evidence. According to Dr. Muhammad Asif Khan P.W.5 he found holes on the clothes of the deceased corresponding to the injuries. The prosecution case has been further corroborated by recovery of weapon of offences from the spot. The occurrence admittedly took place inside the house of accused and he had to explain as how the occurrence took place if it was in some other manner. The accused had taken specific plea in his defence that the deceased had come to his house to feed him meal but he had failed to substantiate this plea through evidence. Therefore, after deep re-appraisal of evidence we do not find any illegality or infirmity in the reason for interfering with the conviction recorded against the appellant.
26. As far as the sentence is concerned, 13 injuries on the person of appellant were found by Dr. Muhammad Arshad P.W.7. He remained admitted in the hospital for 7 days. The nature and number of the injuries on accused show that these could not be self-inflicted. According to the prosecution story the accused caused injuries to Rehana Bibi with Chhuri P.1 but the Investigating Officer also took into possession bloodstained knife P.2 from the spot. The prosecution has not explained as to who used the knife in the occurrence. The door allegedly broken by the P.Ws. For making entry into the room where the occurrence look place was not taken into possession by the Investigating Officer nor it was seen/inspected by him at the spot. All these facts create serious doubt about the manner of the occurrence as alleged by the prosecution. It is not clear that what transpired between the deceased and the, accused immediately before the occurrence and how the occurrence started. Therefore, we are convinced that the accused has succeeded in casting some doubt on prosecution version entitling him to benefit him in the matter of sentence and it is a fit case where death penalty is not just and proper and the same is, therefore, reduced to imprisonment for life which will meet the ends of justice. Reliance has been placed on 1993 SCM R 1660.
27. ' However, sentence of compensation or in default thereof and under section 325, P.P.C.. Are maintained. Both the sentences will run concurrently and benefit of section 382-B, Cr.P.C. Will also be available to the appellant.
28. ' With this modification this Criminal Appeal No, 13-J of 1997 is dismissed. Death sentence against Hashim Ali appellant is not confirmed.
29. ' Murder Reference is answered in the negative: