MUHAMMAD TUFAIL Versus THE STATE

Muhammad Tufail with his brother Khushi Muhammad and sister Mst. Bashiran were sent up by Police Station Basirpur, for trial, for an offence under section 302/34, P.P.C. for the murder of one Muhammad Bashir. The trial Court vide its judgment, dated 9-10-1986, acquitted Khushi Muhammad and Mst. Bashiran Bibi. Muhammad Tufail was, however, found guilty under section 304, Part B, P.P.C. and sentenced to 5 dears' R.I. with a fine of Rs.5,000, or in default six months' R.I. Convict appealed. This judgment shall dispose of the same.

2. Prosecution story in brief was that on 22-6-1985, Mst. Bashiran Bibi came to the house of one Ismail, brother of one Bashir Ahmad and took said Bashir along, on the pretext of some important work. The witnesses were suspicious. They followed and saw Muhammad Tufail accused was causing injuries to said Bashir Ahmed with a Saria whereas his co- accused were nearby. The background was that Muhammad Bashir deceased had twice abducted Mst. Bashiran Bibi but was restored on each occasion due to the intervention of Panchayat, Muhammad Tufail and Khushi Muhammad, brother of Mst. Bashiran Bibi nourished a grudge, therefore, the present occurrence.

After usual investigation challan was submitted in Court wherein prosecution examined eight witnesses. The ocular account was furnished by Muhammad Ismail and Muhammad Ali, P.Ws.3 and 4, respectively.

At the conclusion of prosecution evidence, appellant admitted their presence by stating that deceased came to his house and he saw sister Mst. Bashiran with Bashir deceased in objectionable position, therefore, he caused him injuries which resulted in his death.

3. It was contended by learned counsel for the appellant that. the eye witnesses were disbelieved, therefore, it became a case of no evidence and the appellant should have been acquitted. Argued that the motive for the occurrence was established which corroborated the ocular account.

4. I have heard the learned counsel and gone through the file. The eye witnesses were disbelieved, I feel the trial Court had rightly done so because it is impossible to imagine that a girl who had illicit relations with a person would go to his house and call him out and ask him, to accompany her to her house. Mst. Bashiran Bibi in her statement had stated that Bashir deceased had come to her house on account of previous illicit relations. Her brother Muhammad Tufail came there and on account of grave and sudden provocation caused his death. She further stated that Khushi Muhammad was not present at the spot. Muhammad Tufail appellant had also made a similar statement. The trial Court while keeping both versions at juxtaposition found defence version more probable. After going through the record, I feel the trial Court had rightly discredited the presence of eye-witnesses at the spot and the Court was justified in holding that defence version was more probable. The motive as alleged in the F.I.R. further corroborates the defence version as the appellant has already been dealt with leniently. He was convicted on account of his admission that he caused the death of Bashir Ahmad deceased. Therefore, the appeal fails which is dismissed.

N.H.Q./M-1465/L

Appeal dismissed.