SANAULLAH Versus THE STATE M.A. Zafar , Tauquirullah Shah for the State.,Masud Mirza

RASHID AZIZ KHAN, J. ‑‑The appellant Sanaullah son of Muhammad Ibrahim aged about 19 years, was tried for the murder of Mst. Ramzan Bibi, his real mother, by the Sessions Judge, Jhang, who vide his judgment, dated 3‑6‑1985, convicted him under section 302, P.P.C. and sentenced him to death, and a fine of Rs.5,000 or in default 3 years' R.I. The appellant has filed this appeal challenging his conviction and sentence. The case is also before us for the confirmation of the death sentence.

2. The prosecution story, in brief, as given by Sardar Ali, the first informant, is that Mst. Ramzan Bibi was his real sister who was married to one Ibrahim of Sangla Hill. About eight/nine days before the occurrence, said Mst. Ramzan Bibi had come to his house after having a quarrel with her real son Sanaullah. On 7‑6‑1984 at about 6‑15 p.m. when the first informant alongwith his wife Mst. Hashmat Bibi and his sister Mst. Ramzan Bibi were having tea in the courtyard of their house, the appellant Sanaullah came armed with a .32 bore revolver. The moment he entered the compound, he raised a Lalkara to Mst. Ramzan Bibi that she had disturbed the peace of their house, therefore, he will not spare her. Simultaneously, he fired hitting on the left side of Mst. Ramzan Bibi's head. Second fire hit her in the abdomen, whereupon she fell down. The first informant alongwith one Muhammad Aslam, who came to the spot after hearing the fire shots, apprehended the appellant at the spot. The appellant also fired twice but the bullets missed.

3. The complaint Exh.P.F. was lodged by Sardar Ali, P.W.8, real brother of .the deceased, on 7‑6‑1984 at 7 a.m. It was recorded by Abdul Majid, S.I., Police Post Rabwah, at 7 a.m. near a Tango stand. Formal F.I.R. Exh.P.F./1 was recorded by Muzaffar Hussain, A.S.I., Police Station Kotwali (P.W.6) on 7‑6‑1984.

4. After recording of the complaint Exh.P.F., Abdul Majid, S.I. apprehended the appellant who was produced before him, and at the same time he took into possession revolver P.3. On opening the revolver, he found 2 crime empties P.4/1‑2, 2 missed bullets P.5/1-2, and 2 live bullets P.6/1‑2 in the chamber of the said revolver. He took all these things into possession vide memo. Exh.P.G. Thereafter, he went to the spot and prepared injury statement Exh.P.H. of Ramzan Bibi and sent her for medical examination. He also recorded the statements of the witnesses at the spot. From the place of occurrence, he went to hospital and enquired from the doctor ii the injured was in a fit state to make a statement. The doctor opined vide memo. Exh.P.C./1 that the injured was in a fit condition to make a statement. Thereafter, he recorded the statement Exh.P.J./1 of the injured. On the next day, he received information about the death of Ramzan Bibi, therefore, he came to the hospital and prepares the injury statement Exh.P.K. and inquest report Exh.P.K./1, and sent the dead body for post‑mortem examination. Thereafter, he handed over the investigation to Bahadar Shah, P.W.7.

After taking over the investigation, Bahadar Shah, S.I. recorded the statements of some of the witnesses under section 161, Cr.P.C. He got the site plans prepared from the Draftsman, and gave his notes in red ink thereunder. He prepared separate parcels of the crime empties and the revolver. After necessary investigation. he challaned the accused.

5. Dr. Kaneez Zahra, W.M.O., D.H.Q. Hospital, Jhang (P.W.2) medically examined Ramzan Bibi on 7‑6‑1984 at 11 a.m., and found following three injuries on her person:‑

(1) A fire‑arm wound of entrance c.m. x c.m. circular on the left side of the abdomen, 4 c.m. from the costal margin and 13 c.m. lateral to umbilicus. The edges of the wounds were blackened and inverted. There was no wound of exit. This wound of entrance was penetrating to the abdominal cavity.

(2) Lacerated wound 1.2 c.m. x .5 c.m. scalp deep on the left side of head, 3 c.m. above the hairy line.

(3) Lacerated wound .3 c.m. x .4 c.m. scalp deep on left side of head, 2 c.m. above injury No.2.

She also gave an opinion with regard to the condition of the injured on the enquiry of the police.

The post‑mortem examination on the dead body of Mst. Ramzan Bibi was conducted by Dr. Muhammad Sarwar, Medical Officer, D.H.Q. Hospital, Jhang, on 8‑6‑1984. He found the following four injuries op the person of the deceased:‑

(1) A lacerated wound 1.2 c.m. x 0.5 c.m. x scalp deep on the left side of forehead.

(2) A lacerated wound .3 c.m. x..4 c.m. x scalp deep on the left side of the forehead 2 c.m. from injury No.1.

(3) A stitched wound 20 c.m. on the left side of abdomen, 3 c.m. away from the umbilicus.

(4) A stitched wound 1 c.m. through which a corrugated drain was coming out on the left side of the abdomen.

In the opinion of this doctor, the death had occurred due to shock because of severe internal haemorrhage due to the fire‑arm injury in the abdomen.

6. The prosecution in support of its case has produced 10 witnesses in all. The doctors who examined the injured and conducted the post‑mortem examination have already been discussed. Muhammad Munawar Asif, P.W.3, Draftsman prepared the site plans Exh.P.D. and Exh.P.D11 of the place of occurrence. Muzaffar Hussain, A.S.I. P.W.6, had recorded the formal F.I.R. Bahadar Shah, S.H.v. P.S. Kotwali (P.W.7) had partly investigated the case when he took over the investigation from Abdul Majid S.I. The eye‑witness account has been` furnished by Sardar Ali and Hashmat Bibi, P.Ws. 8 and 9, respectively. The case was initially investigated by Abdul Majid, S.I. P.W.10.

7. At the conclusion of the trial, the appellant made a statement under section 342, Cr.P.C. He controverted the entire prosecution story and came up with a defence version that on the night of 7‑6‑1984, he had come to take his mother Mst. Ramzan Bibi from the house of his uncle Sardar Ali P.W. At night at about 3 a.m. he suddenly found the cot of his mother empty. He got up in order to look for her and found that at some distance from the house she was in a compromising position with some unknown person. He raised a Lalkara, whereupon the unknown person fired at him, but he snatched the revolver and fired one shot at his mother who died at the spot. The appellant, however, did not lead any defence. The learned trial Court while convicting the appellant has relied upon the motive, the eye‑witness account as well as the dying declaration.

8. The learned counsel for the appellant at the very outset submitted that he would only argue the case with regard to the question of sentence. According to him, the motive, as given by the prosecution, is not such which would result in a murder. He submits that the appellant was the real son of the deceased and he could not have taken such a step unless something most extraordinary had happened. The learned counsel also relied upon the fact that all the legal heirs of the deceased have forgiven the appellant. Their affidavits have been filed to this effect.

9. We have heard the learned counsel at length and perused the record. The eye‑witness account has been furnished by Sardar Ali and Mst. Hashmat Bibi, P.Ws.8 and 9, respectively. The deceased was real sister of Sardar Ali, P.W. and sister‑in‑law of Mst. Hashmat Bibi. Similarly, the appellant was also, accordingly, related to both the witnesses. They have given a detailed account of the occurrence. They were cross‑examined at length but the defence was not able to bring on record anything which could suggest the false involvement of the appellant. As a matter of fact, both the witnesses have not even been cross‑examined on the question of apprehension of the appellant at the spot with crime weapon. They have not been suggested false involvement of the appellant of All‑will or any enmity against him. The occurrence took place inside the house of these witnesses. Therefore, they are also natural witnesses.

10. The motive, as given in the F.I.R. is that 8/9 days before the occurrence, the deceased had left the house after a quarrel with her son. This also finds mention in the dying declaration Exh.P.J. of Mst. Ramzan Bibi, wherein it is stated that the appellant was feeling incensed against her on the suspicion that she had let Mst. Sughran her daughter, free to indulge in 'Awargi'. According to him, it was merely an insinuation.

A careful perusal of the dying declaration indicates that there was some sort of misunderstanding between the appellant and his mother Mst. Ramzan Bibi. The appellant was a young boy of 19 years at the time of commission of the offence. For him the standard of morality would be very different from that of a mature man. In all probability, it appears that the appellant became more impulsive and in that state of mind committed the murder of his mother. There was no background of any enmity of ill‑will between the appellant and the deceased and may be he just got infuriated when his mother refused to accompany him. The act of the accused is impulsive; without any premeditation. In such circumstances, we feel that the sentence of life imprisonment would meet the ends. of justice, especially when all the legal heirs of the deceased have forgiven the appellant:

Therefore, we maintain the conviction of the appellant but relying upon Muhammad Sharif v. The State 1985 S C M R 1041, convert the sentence of death to imprisonment for life. With this reduction in the sentence of the appellant, the appeal is dismissed.

Death sentence is not confirmed.

S.A./S‑273/L Sentence altered.