ADALAT KHAN Versus STATE
This is an appeal against the judgment of the learned Additional Sessions Judge, Sheikhupura, dated 23‑4‑1988 convicting the appellant Muhammad Malik under section 302 of the P.P.C. for the murder of Mst. Iqbal Begum and sentencing him to life imprisonment; a fine of Rs.20,000 and in default two years' R.I.
2. Mst. Iqbal Begum was wife of Muhammad Sharif, a brother of Muhammad Malik, appellant. She died a violent death in a room of the house of Muhammad Anwar, another brother of the appellant, in village Dair at about 9 00 p.m. on 21‑8‑1984 and the first information of the incident was laid before the police by the deceased woman's mother Mst. Nooran Bibi (P.W.4) at 10‑30 p.m. on the same day. The F.I.R. is Exh. P.B.
3. The prosecution case was as follows:‑
Mst. lqbal Begum, deceased, had been married to Muhammad Sharif some six years before the occurrence; she had two children by him. She was a loose woman. In the month of Ramazan before the occurrence, she eloped with two persons, named, Amir and Munir Ahmad and a case was registered. The police recovered Mst. Iqbal Begum. Some 15 days before the incident, Mst. Iqbal Begun went to Darul Aman, Lahore. Mst. Nooran Bibi obtained her custody from Darul Aman on 20‑8‑1984. On the day of occurrence, Mst. Nooran Bibi and Mst. Iqbal Begum went to Mayo Hospital, Lahore, to see a relative. In the evening they were present at Shahdara More, where Muhammad Malik, appellant, met them. Muhammad Malik, appellant took Mst. 1qba1 Begum alongwith him to his house in a bus. Mst. Nooran Bibi heard them quarrelling and followed them in another bus to see that no harm came to Mst. Iqbal Begum. At about 9‑00 p.m. she alongwith Rehmat Ali and Niarpat P.Ws. reached the house of Muhammad Anwar in village Dair. They saw that the appellant had put a piece of cloth round the neck of Mst. lqbal Begum; he sat on her chest and started giving blows with a Toka on her neck. On seeing them, the appellant also tried to attack them; they avoided the attack and the appellant ran away. Muhammad Anwar and his family members were at that time sleeping on the roof of their house.
4. According to the prosecution, the appellant had led to the recovery of a Toka on 4‑9‑1984, he had been arrested on 29‑8‑1984.
5. The appellant denied that he had killed Mst. Iqbal Begum or had led to the recovery of Toka P.1.
6. The prosecution called thirteen witnesses in support of its case; of them; Niamat (P.W.2), Rehmat Ali (P.W.3) and Mst. Nooran Bibi (P.W.4) were cited as eye‑witnesses in the F.I.R. Rehmat Ali P.W. was a son‑in‑law of Mst. Nooran Bibi P.W. Niamat (P.W.2) was not related to her or to the deceased. Both Niamat and Rehmat Ali P.Ws, were residents of Mauza Baddo in Tehsil Ferozewala. They said that they had not seen Mst. lqbal Begum being done to death. Mst. Nooran Bibi P.W. was resident of village Abdul Khair which was at a distance of two miles from village Dair. The husband of Mst. Iqbal Begum, deceased, was an ordinary resident of village Dair. The appellant was also a resident of that village but he did not live in the house in which Mst. lqbal Begum died a violent death. Thus, Mst. Nooran Bibi was not a natural witness to the incident. According to her, she alongwith Mst. Iqbal Begum, Rehmat Ali and Niamat started from Shahdara More for Kot Abdul Malik at 9‑00 p.m.; they were standing at the bus stand of Shahdara More when Muhammad Malik, appellant started quarrelling with Mst. Iqbal Begum, deceased. It was, she said, because Muhammad Malik, appellant, had started quarrelling with the deceased at the bus stand, that she and Rehmat Ali and Niamat P.Ws. had thought it necessary to follow them in another bus. As noticed above, according to the F.I.R. the time of the incident was 9‑00 p.m. but according to her statement in Court, Mst. Nooran Bibi and Mst. Iqbal Begum alongwith Rehmat Ali and Niamat were present at Shahdara More at about 9‑00 p.m. Mauza Dair was at a distance of 5 or 7 miles from Shahdara More. It follows, therefore, that if they were at Shahdara More at 9‑00 p.m. then the incident could not have taken place at 9‑00 p.m. in the house of Muhammad Anwar in village Dair.
7. Dr. Muhammad Saleem Akhtar (P.W.10), who performed the autopsy on the dead body found two injuries on the dead body, namely, multiple countless incised wounds all skin deep on front and right side of neck 20 c.m. x 5 c.m. and an abrasion on the right side of the chest; in his opinion, however, death had occurred due to asphyxia strangulation. Mst. Nooran Bibi said that when they reached, Muhammad Malik, appellant put a cloth round the neck of Mst. Iqbal Begum and then gave a Toka blow cutting her throat. She did not, therefore, claim to have seen the deceased being strangulated. It appears, therefore, that the claim of Mst. Nooran Bibi that she had eye‑witnessed the incident, was open to grave doubt and in any case, there was special need for caution because Rehmat Ali and Niamat P.Ws. of whom the former was a son‑in‑law of Mst. Nooran Bibi, had declined to support the prosecution case and had thus given a lie to Mst. Nooran Bibi. There was no evidence to corroborate the testimony of Mst. Nooran Bibi. The learned trial Judge did` not believe the evidence of the recovery of Toka from the appellant.
8.For these reasons, I would accept the appeal, set aside the conviction and sentence and acquit the appellant. He s1Jall be released forthwith unless required in any other case.
SA./M‑1554/L Appeal accepted.