1. This judgment will dispose of Criminal Appeal No.2004 of 2001 and Criminal Revision No.882 of 2001 as both are outcome of the same judgment.
2. Sher Ali son of Munir Ahmad has challenged judgment, dated 6-11-2001 passed by learned Additional Sessions Judge, Sheikhupura whereby he was convicted under section 302(c), P.P.C. And sentenced to 10 years' R.I. On each count for murder of Tariq Mehmood and Mst. Shazia Bibi. The sentences were ordered to run concurrently. Benefit of section 382-B, Cr.P.C. Was also extended in favour of the appellant. Through the same judgment Muhammad Ashfaque and Muhammad Rafiq were acquitted of the charge.
3. F.I.R. No.230, dated 31-3-2001 (Exh. PF/1) registered under section 302/34, P.P.C. At Police Station Saddar, Sheikhupura on the statement of Muhammad Ashiq, P.W.4 alleging therein that on 31-3- 2001 at 9-10 p.m. The complainant alongwith Hanif and Riaz were present in his house when Ashfaque co-accused came and took Sher Ali with him. Riaz and Hanif, P.Ws. Went to their houses and Tariq Mehmood deceased did not return till mid-night. On which, the complainant went to 'Baithak' of Master Maqsood where Abdul Qayyum and Atiq ur Rehman's were sitting. They heard noise from the house of Sher Ali accused and after peeping through the window saw that Muhammad Rafiq and Ashfaque had caught hold of Tariq Mehmood while Sher Ali inflicted two successive blows with Churri at Tariq Mehmood hitting on his left flank and at his back.
4. Muhammad Rafiq and Ashfaque accused threw Tariq on ground on which Sher Ali cut his throat with a Churri at the spot. It was further alleged that the occurrence took place due, to selling of cows between the deceased and Sher Ali.
5. Abdul Aziz, S.-I. P.W.10 after registration of the case started the investigation and took the dead bodies into possession, prepared the injury statement of Tariq Mehmood through memo. Exh.PH and inquest report Exh.PJ. He also prepared injury statement of Mst. Shazia through memo. Exh.PL and inquest report Exh.P.M. And despatched the dead bodies for post--mortem examination. After post-mortem examination last-worn clothes of the deceased were taken into possession by him.
6. He arrested Sher Ali accused and on his pointation recovered Churri P3 which was taken into possession through memo. Exh.P.C. He completed the investigation and submitted the challan.
7. The trial Court framed the charge which was denied by the accused and he claimed trial.
8. During the trial the prosecution examined as many as 10 witnesses to prove the guilt of the accused.
9. The medical evidence was furnished by Dr. Foqia Asif, P.W.3 who on 31-3-2001 at 6 p.m. Conducted the post-mortem examination on the dead body of Mst. Shazia and found the following injuries on her person:
(1) An incised wound 11 c.m. x 4 c.m. In front of neck all structure of neck cut.
(2) A lacerated wound 4 x 2 c.m. On right side of mid head 6 c.m. Above from right eye into bone deep.
(3) Contusion 3 x 3 c.m. On right cheek.
10. Dr. Muhammad Ashraf, P.W.8 conducted the post-mortem examination on the dead body of Tariq Mehmood and found the following injuries on his person:---
(1) A contusion 3 c.m., on the mid part of forehead.
(2) A contusion 2.5 x 2 c.m. On the left side of forehead above the left eye--brow.
(3) A sharp-edged wound 4 x 0.5 c.m on the left side of chin of skin deep.
(4) A sharp edged wound on the neck extending from below one ear to below the other 27 c.m. x 8.5 c.m. Deep at above the epiglottis cutting trachea, oesophagus, muscles and vessels of the neck. Hyoid bone intact but exposed alongwith the base of the tongue.
(5) Abrasion 4 x 2 c.m on the upper mid front of chest.
(6) A sharp-edged wound 4 x 2 c.m. Extending into the cavity of chest on the lateral mid part of left chest. 6th rib was fractured.
(7) A sharp-edged wound 3 x 1 c.m. Extending into the cavity of chest on the lateral lower part of left chest 4 c.m. Below No.6, 8th rib was fractured.
(8) A sharp wound 4 x 2 c.m. On the back of lower right chest at the back of scapula.
(9) A sharp-edged wound 4 x 3 c.m. Skin deep front top of left shoulder.
(10) A sharp wound 9 x 4 c.m. Into muscle deep on the lateral mid part which was of left upper arm.
(11) Sharp wound 3 x 1 x skin deep on medial side of mid part of upper arm.
(12) A sharp wound 4 x 1 c.m. Into muscle deep on the palm left upper part.
(13) A superficial sharp wound 4 x 1 c.m. Skin deep at the base of right palm.
(14) A contusion 3 x 1 c.m. On the back of right forearm 7 c.m. Above right elbow.
(15) A contusion 2 x 1 c.m. On the left lateral side of the buttock.
(16) A contusion 2 x 2 c.m. On the front mid part of left leg.
(17) A lacerated wound 1 x 1 c.m. On the ventral surface of left foot medial side mid part.
11. The ocular account was furnished by Muhammad Ashiq, P.W.4, who was father of Tariq Mehmood, deceased. He supported the version of the F.I.R. And narrated the motive for the occurrence. Abdul Qayyum, P.W.5 supported the complainant in his statement. He stated that he alongwith Atiq ur Rehman's were present in 'Baithak' of Master Maqsood where they heard noise and they peeped through window and saw the accused Sher Ali inflicted Churri blows at Tariq while Ashfaque and Muhammad Rafiq caught hold of Tariq who succumbed to the injuries at the spot. Riaz Ahmad, P.W.6 also supported the prosecution story. His statement is in line with that of complainant P.W.4 and Abdul Qayyum, P.W.5. Muhammad Rashid, P.W.1 had attested the recovery memo. Exh. P.A.
12. Whereby blood-stained earth was taken into possession from the spot by the Investigating Officer.
13. Muhammad Rasheed, P.W.2 had identified the dead body of Tariq Mehmood at the time of post- mortem examination. The other witnesses are of formal nature, need not to be discussed.
14. The prosecution evidence was closed by tendering in evidence reports of Chemical Examiner Exh.PJ, Exh. P.K. And Exh. P. L.
15. The statement of the accused under section 342, Cr.P.C. Was recorded, who denied the prosecution allegations and took the plea of having murdered both the deceased under grave and sudden provocation as having seen his sister Mst. Shazia in compromising position with Tariq Mehmood in his house. On which, he picked up the Churri and inflicted injuries on both the deceased.
16. The appellant was convicted and sentenced as mentioned above. Hence this appeal. The complainant has filed Criminal Revision No.882 of 2001 for enhancement of the sentence.
17. Learned counsel for the appellant at the very outset has argued that he will not press the conviction, however, by placing reliance on 1993 SCM R 208 has argued that the sentence be reduced adequately as the occurrence took place in the night hours in the house of the accused and Mst. Shazia was unmarried and report of the Chemical Examiner shows that the swabs were stained with semens and both Tariq Mehmood and Mst. Shaiza deceased had committed, Zina-bil- --Raza and on seeing them in compromising position, the appellant inflicted Churri blows and caused their death.
18. Conversely, the appeal" has been opposed by learned counsel for the complainant and for the State. Learned counsel for the complainant has argued that Tariq deceased was taken to the house of the appellant in deceitful manner and it was intentional murder and stand of provocation was afterthought, therefore, the sentence recorded by the trial Court be enhanced.
19. After hearing the learned counsel for the parties, I do not agree with the arguments of learned counsel for the complainant. The occurrence took place in the house of the appellant and it was a night occurrence and it was his plea before the police that he acted under grave and sudden provocation, therefore, learned counsel for the appellant is justified in not challenging the conviction recorded by the trial Court against the appellant.
20. So far as prayer for reduction in sentence is concerned, as the case falls under section 302(c), P.P.C. And the maximum sentence under the law is 25 years and trial Court has already taken lenient view, therefore, I do not find any ground to further reduce the sentence, so the appeal as well as revision petition are dismissed.