RAJAH ALI Versus STATE
This is an appeal by Rajab Ali son of Amir Ali, caste Kharal, resident of Chak No.546-G.B., Tehsil Samundari, District Faisalabad, against his conviction under section 302, P.P.C. as recorded by Malik Muhammad Afzal, Additional Sessions Judge, Faisalabad, vide his judgment dated 11th June, 1981, awarding him imprisonment for life with a fine of Rs.10 000 which, if realized, was to be paid to the heirs of the deceased. In default, however, he had to suffer further R.I. for two years.
2. The precise charge against him was that he allegedly killed Mst. Allan Bibi deceased on 9th September, 1979 at 2.00 a.m. in her own house in Chak No.546, G.B. P.S. Mamoon Kanjan by inflicting injuries on her with both sides of a hatchet. He pleaded not guilty thereto and was tried.
3. The prosecution case was that the deceased Mst. Allan Bibi after having become widow five years ago on the demise of her previous husband Mustey Khan, entered into second marriage with Amir, father of the appellant; was living in the same premises with the co-wife Mst. Salabat Bibi although in a separate Kotha; for obvious reasons they had strained relations inter se picking up a quarrel a couple of days earlier; was taking a mid-day nap under a Keekar tree in her courtyard when allegedly the accused being present on leave from the Army, struck her down with a number of hatchet blows resulting in her instantaneous death. The deceased's Pichhlag son Ghulam Mustafa (P.W.7), daughter Mst. Mumtaz Begum (P.W.8) and brother Yar Muhammad (given up P.W.) having come to see her, were aroused by alarm and happened to see the occurrence. It was reported the same day at 5.00 P.m. to the police by P.W.7.
4. Of course, the motive shown was that the deceased's marriage with the father of the appellant was not liked either by him, his brothers or mother.
5. In the course of investigation, the appellant was said to have got recovered a hatchet stained with blood. The post-mortem examination disclosed no less than seven injuries on the deceased, two with sharp-edged weapon and the rest with blunt. Two of them were grievous involving the fracture of three ribs and tibia of the left leg, collectively resulting in her death.
6. The plea of the appellant at the close of the trial was that his father kept the deceased as a keep without Nikah; that her own relatives residing in Chak No.400 were considerably annoyed of her immoral life; that they got her murdered; and that instead he was involved for it falsely.
7. Counsel for the appellant seriously contended that the evidence as supplied by the eye-witnesses was not inspiring inasmuch as they ordinarily lived in Chak No.400, miles away and their presence out of all hours at the locale was something abnormal. Besides, he assailed their veracity being real son and daughter of the deceased lady from her previous husband. He stressed that the avenue was a huge township consisting of five to six thousand people but strangely enough none from it happened to see the occurrence despite the fact that it took place during broad day-light.
8. The contention did not mean much because the P.Ws. explained that in fact they had been called because of a quarrel taking place between the deceased and the co-wife Mst. Salabat Bibi a day or two earlier. This raison d'etre for their presence at the spot was in itself quite reasonable because after all their mother was living in a very hostile atmosphere. It was conceded that she was living in the same premises and quite instinctively her relations with the other wife of the same husband were expected to be under great strain. In events of pressure, she had no option except to fall back upon her progeny from the previous husband. She was after all their mother, on whose call they could ill-afford to keep themselves away. Another circumstance much stronger in import is the fact that the F.I.R. was lodged within three hours of the occurrence by P.W.7 at a distance of five miles. If he really was away at the time of the occurrence in his own place, namely, Chak No.400 situate at a distance of some 20-25 miles and was called subsequently, he could not possibly make the F.I.R. so swiftly There was no suggestion made to the Investigating Officer (P.W.9) if he had not recorded the F.I.R. at 5 p.m and the absence thereof suggests its correctness. It was possible only because the informant was readily available at the spot and he took normal time of a couple of hours to reach the Thana travelling by a cycle or so. The lower Court rightly took note of this fact in its appreciation in repelling the contention
9. To insist for local witnesses was squarely explained on the premises that the accused's father Amir was a Lambardar of the village and quite an influential person having gone to Faisalabad to file some sort of nomination-papers. It speaks for itself as he could not afford to send his son to gallows by allowing any local person to depose against him. Further, his first wife Mst. Salabat Bibi was still alive and he could-ill-affored to incur her any more displeasure. Conversely, he had no issue `rim the deceased-lady and hence there was all the more reason on his part to see that he may not lose a young son for an issueless second wife. It may have meant total destruction of his family.
10. The plea raised in defence that the lady was sans character raving; eloped no less than 3/4 times and was living merely as a keep in the impugned premises was, in fact, shorn off any truth. Firstly, all suggestions in regard to her so-called frequent elopements were traversed. Secondly, if she was so minded she would have run to join Amir soon after the demise of her first husband Mustey Khan, but the record shows that she passed no less than 3 years of widowhood and entered into the second marriage only 1 years earlier than the occurrence. To expect a lady with such a predilection to wait for 3 years as a window, was something inconsistent with the defence plea. Thirdly, it is an admitted fact that she was living under the roof of her second husband openly. She could not be a keep so as to have lived in such a manner. Neither she nor her husband could have the cheek to adopt such an ignominious way of living. We cannot shut our eyes to our social norms, especially in a small hamlet like Chak No. 546, where everybody is exposed to the hilt. People would not sit tight at it, because social abhorrence must have shown itself. Such a person is usually ostracized from all sides and he could hardly dare face the brunt. She was, therefore, living there as a normally wedded-wife, though had to pay for it. The locale, in fact, suggests heavily against the appellant.
11. The recovery of the hatchet stained with human blood was another circumstance suggesting against the appellant. Medical evidence corroborated its use. There was no reason to disbelieve P.W.7 particularly because his presence by the time by all the more feasible.
12. It is on the record that the appellant is only 24/25 and was on leave from the Army on the day of occurrence. As a young-blood, he could not eschew the contentious circumstance whereby his mother was superseded. The event of both the co-wives quarrelling a day or two earlier had its own ramifications. Perhaps the arrival of P.Ws. 7 and 8 in this background from a distant place at the behest of the deceased lady had further incensed the appellant as it appeared to be an arrangement designed against his real mother. It was susceptible of being mis under stood to be polarization persuading the appellant to react sharply.
13. The lower Court in its own way thought that there may have been caused some sudden provocation to the appellant. Unfortunately, there is no evidence to that effect and the idea is no better than surmise. However, it does appear to be a case of sustained provocation because the very entry of the deceased in this house when the co-wife Mst. Salabat Bibi had grown-up sons and daughters, was already a great rancour and the tension arising out of the event taking place a couple of days earlier must have added fuel to the fire.
14. Lastly, counsel submitted that the injuries from the sharp side of the hatchet being simple, the intention of culpable homicide could not be imputed to the appellant. I have hesitation to accept it. The other injuries particularly those grievous appear to have been based on attrition as no less than three ribs were fractured besides breaking one of the legs. It was something quite gruesome leading to no other inference than a sinister intent to cause death. The appellant has already been shown much leniency in having been awarded the lesser sentence.
15. On this appraisal, I have to reason to disagree with the lower Court both as to the conviction and the sentences. Those are maintained. The appeal is dismissed.
M.Y.H Appeal dismissed