MUHAMMAD SABIR Versus State

SARDAR MUHAMMAD RAZA, KHAN, J.--- With reference to a case F.I.R. No.194 of 1999, dated 2-5-1999 of Police Station Baghdadul Jadid, District Bahawalpur registered under section 302/34, P.P.C. Muhammad Sabir son of Sher Muhammad, Awami Colony, Bahawalpur was tried for the murder of Hazoor Bakhsh, deceased by stabbing him to death on 2-5-1999 at 7-00 a.m.

2. He was held guilty under section 302, P.P.C. by learned Sessions Judge, Bahawalpur vide judgment dated 29-6-2001 and sentenced to imprisonment for life with a compensation of Rupees fifty thousand under section 544-A, Cr.P.C. The conviction and sentence aforesaid were maintained, by a learned Judge in Chambers of Lahore High Court, Bahawalpur Bench vide judgment, dated 23-9-2005 in Criminal Appeal No.217 of 2001, whereby, his appeal as well as revision for the enhancement of sentence, were both dismissed. Muhammad Sabir seeks leave to appeal.

3. Noor Muhammad. complainant lives in Awami Colony. His nephew cum son-in-law named Hazoor Bakhsh also resided with him. As he is a labourer, he, along with his nephew Hazoor Bakhsh, Allah Bakhsh and Muhammad Siddique went to work in the house of one Maulvi Muhammad Asad. As the masons had not then reached, they sat in waiting. Hazoor Bakhsh went away to urinate. After when he was coming back, it was about 0700 hours when accused Muhammad Sabir armed with a Chhuri appeared at the corner of Muhammad Ismail's house. He raised a Lalkara that he would teach a lesson to Hazoor Bakhsh for coming to his place despite forbidding, and simultaneous therewith he gave a Chhuri blow to Hazoor Bakhsh in the abdomen. Abdul Hameed, an uncle of the accused also reached at the spot to help the assailant. Both the accused decamped while Hazoor Bakhsh died on the spot.

4. Motive for the occurrence is, that Muhammad Sabir accused had developed a suspicion that the deceased had illicit relations with his sister.

5. We would not go into the details of the prosecution evidence because the occurrence that Hazoor Bakhsh was murdered, is admitted by the accused in his statement under section 342, Cr.P.C. The learned counsel for the petitioner did not lay any stress on the prosecution but his main stance was that Hazoor Bakhsh had been killed in the circumstances given by the accused. For being specific, we would reproduce the plea of the accused in answer to the question as to why he was charged and why the witnesses deposed against him:--

"I was as usual working at my shop situated at the distance of about one furlong from my house. It was about 4-30 p.m. my sister Mst. Rashida came there at my shop along with the Chhuri blood-stained P.4 and stated that Hazoor Bakhsh deceased used to come to her house and asked her to develop illicit relations with him. I told him that more than once I am not girl of that type. On his still insistence I had abused him. Today at about 3-30 a.m. in the room I was sleeping alone in the house. I woke up when I felt that the string of my Shalwar was opened. I saw that Hazoor Bakhsh armed with Chhuri P.4 had overpowered her by gagging her mouth. Hazoor Bakhsh threatened her to kill with Chhuri if she raised alarm. I got frightened. He started intercourse by placing the Chhuri near side of right hand in order to gag her mouth. When he was in the intercourse she succeeded in getting hold of the Chhuri and giving him blows on the face near his chest. She took the Chhuri and came to me. I took my sister to the police. My sister narrated the above story to them. I produced the Chhuri under the above mentioned circumstances."

6. The accused though himself refused to be examined on oath under section 340(2), Cr.P.C., produced his sister Mst. Rashida Mai in defence. According to her, Hazoor Bakhsh deceased who was running a tea stall near her house used to visit her whenever she had been alone in the house. He had been compelling her to develop illicit relations but the girl refused such advances saying that she was not a girl of that type. That she had also abused him prior to the occurrence. On the night of occurrence at about 0300/0330 hours Hazoor Bakhsh came to her house. He gagged her mouth and tried to untie her trouser string. She woke up to find the accused armed with Chhuri. He started committing sexual intercourse with her while the Chhuri was lying on the right side. She picked up the Chhuri and stabbed the accused on his left flank. Taking few steps from the cot, he fell down on the ground. Mst. Rashida Mai picked up Chhuri and went to her brother Muhammad Sabir and informed him about the occurrence. The accused took her to the police station where she narrated the whole occurrence by producing the Chhuri. That thereafter, the police visited the spot and, in connivance with the complainant party, falsely involved her brother.

7. A close perusal of the statement of Mst. Rashida Mai together with the plea taken by the accused under section 342, Cr.P.C., we are of the view that it is a cock and bull story. According to her admission in cross-examination, the accused had been trying to develop illicit relations with her for two and half years prior to the occurrence, but still she never informed either her brother or her uncle who had been living with them. It is also admitted that the deceased had visited for many times before the occurrence. She claimed to be a virgin before the occurrence, meaning thereby that she lost virginity during occurrence. Still she never got herself medically examined and she made no complaints to the police or to the higher officers for any lapses on their part.

8. One cannot doubt the implausibility of the story advanced. The very act of killing in reaction is unbelievable because the deceased had been a frequent visitor. It is also not believable as to how could the deceased at the relevant time enter the house in the presence of all the inmates. It is also not believable that at such odd hours of night, the accused would be present at his shop. Above all, the dead body was never found inside the house of the accused but was found near the house of one Muhammad Ismail, 250 yards away from the house of the petitioner. This matter has been dealt with by the learned High Court in para.11 of the impugned judgment, with sound and plausible reasons. We would further supplement by saying that, by taking the plea aforesaid and by producing Mst. Rashida Mai, the accused has rather proved the fact that the deceased was killed with the same Chhuri recovered in the instant case.

9. The accused could not be condemned for the only reason that he took a false plea in defence. Even if a plea is false yet the Court is bound to consider the prosecution evidence in order to prove the guilt of the accused. In the instant case, the prosecution fully proved its case by producing eye-witnesses that seek support from the recovery of Chhuri, the recovery of blood-stained earth, the post-mortem report and the motive, which has now become undisputed due to the abortive effort of the accused in shifting the burden upon her sister.

10. After having examined the pros and cons of the case, we are of the view that he was rightly convicted as well as sentenced. There being no merit in the petition, it is hereby dismissed and leave to appeal refused.

M.B.A./M-102/SC ????????????????????????????????????????????????????????????????????????????? Petition dismissed.