This judgment shall dispose of Criminal Appeal No.244-J of 2001 and Criminal Revision No.387 of 2001, both arising from the judgment dated 27-4-2001 handed down by Mr. Zafar Iqbal Khan, learned Additional Sessions Judge, Jhang. Whereby, he convicted the appellant Ahmad Bakhsh under section 302(b) of the Pakistan Penal Code and sentenced him to imprisonment for life with a fine of Rs.10,000, or in default of the payment of fine, he was to undergo rigorous imprisonment for six months. Whereas, he acquitted Mst. Ghulam Sakina and Mst. Allah Wasai, the co-accused of the appellant, extending them the benefit of doubt.
2. Mst. Shahnaz Bibi was married to Allah Ditta, the brother of Ahmad Bakhsh. Allah Ditta used to work in Karachi and Mst. Shahnaz Bibi lived in the Abadi of village Machhiana, District Jhang. It is alleged that she did not have a good character and would often slip away from her house and this was said to be the motive of the occurrence which had no eye-witness. After causing her death, she was buried near the Abadi of Mauza Machhiana. It has come on record that this Abadi was an extension of the main village and had only one house other than the house of the accused in close proximity while 4 or 5 other houses were an acre further of.
3. Muhammad Riaz (P.W.6) the complainant, on whose statement the F.I.R. (Exh.P.F.) was recorded, is the father of the deceased. According to this statement in the Court, a few days after the occurrence, Ahmad Bakhsh came to his house and informed him that Mst. Shahnaz Bibi was missing as she had eloped with somebody. After about 4/5 days of receiving this information, the complainant alongwith his brothers went to Mauza Machhiana. There they met Ahmad Bakhsh. As to what transpired in this meeting, is stated by him in the following words in his examination-in--- chief:-- "We inquired from Ahmad Bakhsh about Mst. Shahnaz and after giving so many butts, he admitted that he alongwith Mst. Sakina and Mst. Allah Wasai had murdered Mst. Shahnaz by strangulating her and had buried her. On our inquiry he told us that he suspected about her character and as such he had murdered her. Ahmad Bakhsh, Mst. Allah Wasai and Mst. Sakina pointed out the place of the burial of Mst. Shahnaz. We took Kassi dug out that place from where the dead body of Mst.
Shahnaz Bibi was recovered. I left Muhammad Nawaz and Mumtaz P.Ws. At that place and I proceeded towards the P.S. To lodge the report. The S.-I. Met me in Machhiwal. "
Other relevant excerpts from his statement are also reproduced below:-- "Again said it was not a Watta marriage, however, Mst. Hafeeza sister of Ahmad Bakhsh accused was married with Muhammad Nawaz my brother of village Beewali. At the time of occurrence Mst.
Hafeeza resided in the house of her husband.
"The S.-I. Met me at about 9-00 a.m. On the same day. He recorded my statement at the same place where he met me and then he went with me to the place of occurrence and we reached there at 10/10-30 a.m. By that time many persons of village Machhiana had gathered at the place of occurrence. I do not recollect the names of any of them. The S.-I. Remained at the spot up to 4- 00 p.m. Making inquiry and investigation and then he sent the dead body for post-- mortem examination. "
4. Muhammad Mumtaz (P.W.7) supported the prosecution case. He also went to the house of Ahmad Bakhsh. What transpired there, is narrated by him in his testimony in the following words:-- "I Riaz and Nawaz P.Ws. Went to the house of Ahmad Bakhsh in village Machhiana and inquired from him about the whereabouts of Mst. Shahnaz after giving so many butts. Ahmad Bakhsh accused admitted before us that he alongwith Mst. Ghulam Sakina and Mst. Allah Wasai had throttled Mst. Shahnaz Bibi. Thereafter, Ahmad Bakhsh accused stated that the dead body had been buried outside the wall near the house. He pointed out the place upon which we dug out the dead body. On our inquiry Ahmad Bakhsh told us that Mst. Shahnaz Bibi was of immoral character and as such she was murdered. Muhammad Riaz complainant left me and Nawaz near the dead body and proceeded towards the police station to lodge the report. At the time of post-mortem examination, I identified the dead body of Mst. Shahnaz Bibi alongwith Muhammad Arif P.W. My statement was also recorded by the S.-I. About a one month and 5 days after the occurrence, I joined the investigation of this case. Ahmad Bakhsh accused was in police custody while in custody after making disclosure he led to the recovery of a nylon string P.1 Churri P.2, Kassi P.3, a pair of ear-ring P.4/1-2, Koka P.5 from his house, which were taken into possession vide recovery memo. Exh.P.G. Duly attested by me and Muhammad Nawaz P.Ws. My statement was also recorded on that too."
5. Muhammad Ashraf, S.-I. (P.W.8) who had investigated this case, recorded the statement of Muhammad Riaz and on the basis of which he got the F.I.R. Registered. When he went to the place of occurrence, he found the dead body of Mst. Shahnaz Bibi. There he prepared the injury statement Exh.P.C. And drew the inquest report Exh.P.B. And sent the dead body for post--mortem examination through Muhammad Nawaz, Constable. He prepared the site-plan (Exh.P.H.). Later he received that last-worn clothes of the deceased through Muhammad Nawaz, Constable, who affirmed this fact. He then recorded the statement of the P.Ws., arrested Ahmad Bakhsh appellant on 5-5-1999. Who then led to the recovery of a nylon string, a Churri, a Kassi, a pair of ear--rings of the deceased and a Koka from his house, which were taken into possession vide memo. Exh.P.G., which he attested. He also got prepared the formal site-plans through the Draftsman Muhammad Munawar Asif. These are Exh.P.E. And Exh.P.E/1. The said Draftsman Muhammad Munawar Asif affirmed this fact. According to the Sub --Inspector, the other co-accused Mst. Allah Wasai and Mst. Sakina pleaded their innocence before him.
6. When the dead body was sent for post-mortem examination, Lady Dr. Razia Afzal (P.W.2) conducted its autopsy. Her observations as reflected in his testimony are reproduced below:-- "It was the dead body (decomposed of a young female with open mouth, tongue propertied, bitten by teeth. Eyes balls were present, it was clad in blue printed Shalwar, shirt, and it was lying on the post-mortem table. Maggots were present, foul smell was also present. I found the following injuries on the dead body:-- (1)Tip of the nose was cut.
(2)Contused swelling in area of 15 x 5 c.m. Present 1 c.m. Above the sternal notch.
(3)A contusion mark 40 c.m. x 10 c.m. On the front of left arm starting from shoulder downward.
(4)A contusion mark 38 c.m. x 12 c.m. On front of right arm 4 c.m. Below the right shoulder.
(5)A contusion mark in front of right side of chest in an area of 15 x 20 c.m.
(6)A contusion mark in an area 6 x 4 c.m. On the front of left leg, lower part 7 c.m. Below the knee joint.
The scalp, skull, vertebrae, membranes of the brain and spinal cord were intact. Spinal and vertebrae were not opened. The pleura was intact and partially decomposed. Right lung and left lung were intact and partially decomposed. Pericardium and heart were intact and partially decomposed. The blood vessels of the thorax were intact.
"Death in this case was caused by injury No.2 leading to asphyxia due to fracture of hyoid bone which was sufficient to cause death in an ordinary course of nature."
7. Amongst the other formal witnesses are Muhammad Yar, who had drafted the F.I.R. On the basis of the statement of the complainant. Muhammad Nawaz had taken the dead body to the mortuary for post--mortem examination and had received the last-worn clothes of the deceased.
8. In his statement under section 342, Cr.P.C. The case of the appellant was one of denial. He further stated that Mst. Shahnaz Bibi had eloped with different people and as to why this case was made against him, he stated:-- "The P.Ws. Are related inter se. They are not the residents of the locality. They are also related to the deceased Mst. Shahnaz Bibi who used to run away from the house on different occasions. I and my mother were busy in the house of Ata Machhiana in connection with marriage ceremony of Mst.
Ghulam Sakina had gone to the house of her parents. Mst. Shahnaz Bibi slipped from the house some time. Her dead body was recovered buried when it was dug out by the animals. The information of this fact was conveyed to my sister Mst. Hafeez Bibi who is the were of Muhammad Nawaz and he gave this information to the complainant. The complainant dishonestly with a view to blackmail me and my family got this false case registered against us with the help of my enemies."
9. The recovery of the dead body on the pointation of the appellant is the 'smoking gun' in this case, steadfastly the complainant and Mumtaz P.Ws. Stated this fact, which has to be appreciated keeping in view the area from where the dead body was recovered and about which a mention has already been made above. This pointation established the exclusive knowledge of the appellant about the burial and about the occurrence. The subsequent recovery is of the nylon string and the Kassi etc. Which were got recovered by the appellant after his arrest from his house.
10. Although the appellant denied his involvement in the case but he supported the prosecution case with respect to the motive part of the story pertaining to the character of the deceased, which leads to the inference that he had grouse against this character of her.
11. The evidence produced under the circumstances remained un assailed although there was lengthy cross-examination on the P.Ws. And, therefore, the prosecution succeeded in establishing its case against the appellant. The two ladies co-accused were let of. Because from the very beginning they pleaded their innocence and no recovery was effected from them. It is only the complainant who stated that Ahmad Bakhsh had also implicated the co-accused but there was no other evidence establishing their involvement.
12. After hearing both sides, this Court upholds the judgment of the trial Court in this case based on circumstantial evidence while also keeping in view the fact that the deceased was not a Masoom- ud-Dam. Resultantly, the appeal and the revision are dismissed.