' This judgment will dispose of Criminal Appeal No,1545 of 2001 directed against the judgment dated 31-8-2001 passed by learned Additional Sessions Judge, Samundri, District Faisalabad whereby he convicted the appellant under section 302(c), P.P.C. And sentenced him to undergo 10 years' R.I., while Nazir Ahmad accused was acquitted.
2. Brief facts of the prosecution case are that on 26-2-2002 at 12 noon the complainant Muhammad Younis alongwith his sons namely Abdul Sattar and Abdul Ghaffar was coming to his house at Gojar Basti after attending the Civil Court and they saw Shabbir Ahmad son of Kaniz Bibi, wife of the complainant, from her previous husband quarrelling with her mother while he was armed with Chhuri in front of the house. The accused asked Mst. Kaniz Bibi that by contracting second marriage he would not leave her alive and then gave a Chhuri blow to Mst. Kaniz Bibi which landed below of her abdomen and after receipt of injury she fell down and the accused repeated two more Chhuri blows while she Was lying on the ground which landed on her back of chest. They raised hue and cry and tried to rescue her on which the accused fled away. Mst. Kaniz Bibi succumbed to the injuries in the hospital. The motive behind this occurrence was the second marriage of Mst. Kaniz Bibi with Muhammad Younas complainant.
3. After getting information about the occurrence the local police completed all the necessary formalities and thereafter Dost Muhammad S.-I. Alongwith his subordinate proceeded to the spot.
He prepared the injury statement Exh.P.E., inquest report Exh.P.F. He also secured the blood-stained earth vide memo. Exh.P.H., Last-worn clothes were also received by him vide memo. Exh.P.B. He arrested the accused on 28-2-2000 and on his pointation he got recovered Chhuri P.4 vide memo.
Exh.P.D. Ultimately challan was prepared against the accused/appellant and the same was submitted for trial. Nazir Ahmad (acquitted accused) was summoned by the trial Court.
4. Prosecution in order to prove its case has produced as many as 11 witnesses including Doctor, Investigating Officer, eye-witnesses and other formal witnesses. After tendering in evidence report of Chemical Examiner Exh.P.L. And that of Serologist Exh.P.L./1, report of Chemical Examiner regarding Chhuri Exh.P.M. And that of Serologist Exh.P.M./1 alongwith certified copy of judgment dated 13-2-1998 passed by the Honourable High Court in a writ ,petition vide memo. Exh.P.N.
Learned D.D.A. Closed the prosecution evidence. Thereafter, statements of the accused were recorded in which they pleaded not guilty and claimed to be tried. Two D. Ws. Were also produced by the accused.
5. Learned counsel for the appellant in support of this appeal submits that appellant has been falsely implicated in this case, that the three eye-witnesses namely Muhammad Younas, Abdul Sattar and Abdul Ghaffar produced by the prosecution are closely related inter se as father and sons and that no independent witness has been produced by the prosecution, that the legal heir of Mst. Kaniz Bibi, namely Naseer Ahmad had appeared as D.W.I and he waived his right of Qisas, that D.W.2 is Muhammad Jameel who had brought the original file of inquiry report pertaining to Nikah of Mst. Kaneez Bibi with Muhammad Younis and that according to the report of D.W.2, there was no Nikah between Muhammad Younas and Mst. Kaniz Bibi. Learned counsel for the appellant submits that the appellant had acted under grave and sudden provocation as Muhammad Younas was keeping his mother without any marriage.
6. On the other hand learned State Counsel submits that already a lenient view has been taken by the learned trial Court. He opposes the submissions made by the learned counsel for the appellant.
7. I have heard the learned counsel for the parties. Appellant is real son of Mst. Kaniz Bibi the deceased. The appellant was tried with his father Nazir Ahmad who was an accused of abetment and was acquitted by the learned trial Court. According to post-mortem examination which was conducted by Dr. Sattara Jabeen, Demonstrator in Forensic Medicine, Punjab Medical College, Faisalabad, examined as P.W.5, three injuries were observed on the body of the deceased. It means that the appellant not only caused one injury but he caused three injuries. All the eye-witnesses are natural witnesses because they are residents of the house where the occurrence had taken place and there was no question of false implication in this case. In my view, learned trial Court has already taken a very lenient view in this case. This type of occurrence cannot be encouraged in the society, The appellant has committed the murder of his real mother in a very brutal and gruesome manner.
8. After having heard the learned counsel for the parties and also going through the record, I am of the considered opinion that no case for interference is made out. This appeal is dismissed.