SAAMEEM HUSSAIN KADRI, J.- Muhammad Younus was tried by the learned Additional Sessions Judge, Gujranwala, for the murder of Mst. Shagufta Begum, under section 302, Pakistan Penal Code.
He was sentenced to death with a fine of Re. 5,000 or in default of payment of fine to suffer further R. I. For five years, by his judgment dated 7th January, 1976.
2. The occurrence is alleged to have taken place on 29th April, 1973 at 11 a.m. In the street known as 'Gall Thakar Das', adjacent to Sitars Market, Gujranwala, situate at a distance of 3 furlongs from Police Station, City Gujranwala. The case was registered vide F.1. R. (Exh. P. C/1) by Muhammad Hussain Shah, Moharrir A. S. I. At 11-45 a.m. The same day, which is based on the statement (Exh. P.
C.) of Mat. Shahnaz alias Nasim Akhtar (P. W. 7), sister of the deceased, recorded at 11-30 a.m. By Muhammad Akbar Sub-Inspector (P. W. 11).
3. The case of the prosecution is disclosed by the first informant Mat. Sbahnas, in her statement that she was living with her father in Chatti Gali. She has two more sisters. The deceased Shagufta was her elder sister who was a teacher in a school and another sister younger to her is named Azra. Muhammad Younus appellant eras working as an electrician in a shop in the vicinity of their house. Mst. Shagufta deceased had affair with him and she continued meeting the appellant for a year. For the last six months she had given up meeting the accused. The appellant on her way used to tease her. The deceased told her father. Who collected some persons from the Mohalla who prevailed upon the appellant to vacate the shop 3/4 months before the occurrence. Muhammad Younus did not give her up. On the day of occurrence the 3 sisters were going to the house of their friend Mst. Sbamabad, who lives in Thakar Wali Street. On their way near Sitara Market, in front of Thakar Wali Street Muhammad Younus appeared and stopped the deceased and asked her whether she was going to marry him or not. The deceased replied 'Dog, Bastard' go away. The appellant thereupon took out the knife from the dubb of his shalwar and started giving blows Mst.
Shahnaz raised alarm which attracted Sadiq A.I resident of Gail Bazazan, who also witnessed the occurrence. The accused after injuring Mst. Shagufta decamped towards Araianwali Street. Mst.
Shagufta expired thereafter, at the spot.
4. Blood-stained churri (P. 1) was talon into possession from the accused, near about the place of occurrence from where he was caught there and then, by Muhammad Akbar Sub-Inspector in the presence of Mir Muhammad Tayyub (P. W. 9) and Muhammad A.I Head Constable, who was not produced. The blood-stained clothes wore removed from the person of the accused and taken into possession by Muhammad Akbar (P. W. 11) in the presence of Khushi Muhammad (P. W. 10) and Muhammad Zafat who was given up. Toe blood-stained churri, clothes and earth taken from the spot were sent to the Chemical Examiner who found ride his report (Exh. P. M.) to be stained with blood The scrappings from churri, shalwar, shirt and earth were reported to be stained with human blood by the Serologist vide report (Exh. P. N).
5. Dr. Nawaz Ahmad Bajwa, Medical Officer (P. W. 1) District Headquarters Hospital. Sheikhupura, performed post-mortem examination on the dead body of Mst. Shagufta on 29th April, 1973. He found 13 incised wounds on her person. Injury No. 1 on the left side of neck and injury No. 12 on the back of left chest were found grievous and dangerous to life. Rest were simple. In the opinion of doctor death took place due to shock and haemorrhage as a result of cut of blood vessel on the left side of the neck and lung. Both the injuries were sufficient to cause death collectively and individually in the ordinary course of nature. The doctor was not cross-examined.
6. During the investigation the statement of one Muhammad Ikram of Gali Thathinranwali was recorded by the Investigating Officer. As an eyewitness of the account, which is Exh. D. A, although the first informant did pot, name him as an eye-witness of the occurrence.
7. At the trial Mat. Shahnaz (P. W.7) in her examination-in-chief omitted illicit liaison of her sister with the appellant. She was confronted with her statement (Exh. P. C.) wherein this was so mentioned. She also stated that she did name lkram as an eye-witness but when she was confronted with her statement the name of Muhammad lkram was not mentioned therein. She admitted Khushi Muhammad as an independent person and disclosed that Muhammad Ramzan is maternal cousin of her motrier. Ahmad Hassan is her uncle. She admitted in her cross- examination that place of occurrence is a street which is a thoroughfare and not a blind lane. She also admitted that shops in Araianwali Gaii were open on that day. Statement of Sadiq A.I (P. W. 8), who is an independent witness, clearly connects the accused with the crime. However, the first informant has tried to conceal in her testimony the motive of the crime. Her clothes and the clothes of her sister Azra were besmeared with blood which fact was denied by Sadiq A.I.
8. The A. P. P. Gave up Muhammad Akram as having been won over, Mst. Azra, Muhammad A.I.
Sardar Khan, Muhammad Hussain, Muhammad War, Muhammad Ramzan and Abdul Raiz as unnecessary and closed the prosecution case.
9. The appellant denied the allegations of his liaison, his reprimand and ejectment from the shop in the Mohalla and recovery of chum while he was caught by the police near the place of occurrence.
He, however, accepted that shirt (Exh. P. 9) and shalwar (Exh. P. 10) were removed from his person, but these were besmeared with blood by the Investigating Officer. According to him P. Ws. dem0sed against him on account of enmity. He pleaded that he was innocent. On the day of occurrence the deceased had decided to marry him, she had left the house of her parents and was accompanying him. Both of them were way-laid by the father of the deceased, Muhammad Hussain, E1uhammad Zafar and Muhammad Ramzan. The father of the deceased according to him stabbed her while Zafar held him in his arms. His clothes were besmeared with blood of the deceased. He further stated that be was falsely roped in the case. In connivance with the police.
10. From perusal of the evidence and the statement of the accused it clearly transpires that there was an illicit liaison between the deceased and the appellant. The first informant tried to suppress this fact while the appellant in his statement before the Sessions Judge created contradiction by saying that his clothes were besmeared with blood by the Investigating officer, in answer to one question and while replying the other question whether he wanted to say anything else he implicated the father of the deceased as her assailant and alleged that his clothes were besmeared with blood of the deceased when he was caught by Zafar P. W.
11. After hearing the arguments, perusal of the evidence and the statement of the accused we are of the opinion that the appellant is the assailant of the deceased and he has killed her. He was rightly convicted under section 302, P. P. C. We uphold his conviction. However, we are not inclined to confirm the sentence of death in the circumstances of this case, far, the deceased had illicit relationship with the appellant for,& long time and was perhaps giving her a false hope of marriage. The lust of the deceased perhaps had not disappeared from the heart o R the appellant and on the day of occurrence when he confronted her and asked the question as to whether she was willing to marry him or not, on receiving abuses and denial, the appellant was infuriated and thus he caused a number of injuries on her person as a result of which she succumbed to her injuries at the spot. In our view the sentence of life imprisonment wit meet the ends of justice. We, however, reduce the fine of Rs. 5,000 to Rs. 1,000 which shall be paid to the heirs of the deceased as compensation under section 544-A, Cr. P. C.
12. In order to comply with the mandatory provisions of section 544-A, Cr. P. C. It is imperative for the Investigating Agency to produce evidence in regard to the financial status of the accused so that the Court may be in a position to award adequate compensation to the heirs of the deceased.
So far the Investigating Agency has not cared to look into this aspect. A copy of this judgment shall b~,- sent to the Chief Secretary, who shall issue necessary circular to the Investigating Agency, to comply with the provisions of section 544-A, Cr. P. -C., for making necessary investigation, in a case of hurt or murder etc. Wherein compensation is to be awarded.