AMIR Versus STATE
KHALIL-UR-REHMAN RAMDAY, J . -- One Amir, his son Allah Ditta and his brother Haq Nawaz had been tried by a learned Additional Sessions Judge of Jhang for the murder of Mst. Biban who was the widow of a brother of Amir accused and for having murderously assaulted Mst. Irshad Bibi, a daughter of Mst. Biban deceased.
2. Through a judgment dated 3-9-1990 of the said learned trial Court, Haq Nawaz and Allah Ditta accused had been acquitted while Amir accused was found guilty of both the charges. On his conviction under section 302, P.P.C. he was sentenced to death with a fine of Rs.10,000 or four years' R.I. in default, in addition to which, he had also been directed to pay Rs.10,000 as compensation to the heirs of the deceased or to undergo six months' R.I. in default of payment of the same. In pursuance of his conviction under section 307, P.P.C., he was sentenced to ten years' R.I. with a fine of Rs.5,000 or two years' R.I. in default. He had also been ordered to pay Rs.5,000, as compensation, to Mst. Irshad Bibi P.W. or to suffer six months' R.I. in default of payment of the same.
3. Murder Reference No.210 of 1990 seeks confirmation of the said sentence of death while Amir convict, through Criminal Appeal No.618 of 1990, impugns the above-noticed convictions and sentences recorded against him. Both these matters are being disposed of together through this single judgment
4. The occurrence in question had taken place at about Nimaz Wela (Fajjar Nimaz) on 19-3-1989 in and outside the house of Mst. Biban deceased about 7-1/2 miles away from Police Station Oadirpur of District Jhang. The same had been reported at the said police station by Hakam Khan who was a Khalazad of Mst. Biban deceased, where an F.I.R. No.52 was accordingly recorded at about 8-00 a.m., on the day of occurrence.
5. Amir appellant had been allegedly apprehended at the spot by the P.Ws. alongwith a blood-stained Toka P.5. He was produced before Akbar Ali, A.S.I. (P.W.13) on his arrival at the place of occurrence who had then arrested the appellant and had also seized the blood-stained Toka P.5 vide memo. Exh.P.H. The said I.O. got removed the blood-stained clothes worn by the appellant. These were a blood-stained turban P.6, a blood-stained shirt P.7 and a blood-stained Chaddar P.8 which were seized vide memo. Exh.P.I.
6. Through the above-mentioned F.I.R. Hakam complainant had informed the police that he was a resident of village Khokhar and that Mst. Biban deceased was his Khalazad who was married to one Muhammad Nawaz, a brother of Amir appellant. He had further stated that the said Muhammad Nawaz had died about 6/7 years prior to the occurrence; that Mst. Irshad P.W., a daughter of the said Nawaz and Mst. Biban deceased, had come of age and the deceased wanted to give her hand to the complainant's son and that Amir appellant was not agreeable to this arrangement.
7. The complainant had further claimed that on the day preceding the day of occurrence, he alongwith Allah Ditta (P.W.11) and Fateh Khan (given up), had gone to Mst. Biban deceased in her house situate in village Chandd Nashaib to discuss the matter of the said proposed marriage with the deceased and Amir appellant. He had added that Mst. Biban deceased had finally okeyed the said proposal at which, Amir appellant declared that he would not spare Mst. Biban and Mst. Irshad. He had further alleged that on the night of occurrence, Mst. Biban went off to sleep alongwith her children in the Western Kotha while the complainant alongwith Allah Ditta and Fateh Khan, retired in the Eastern Kotha of the house of the deceased; that at about Nimaz Wela, they woke up on hearing the alarm of the deceased and Mst. Irshad P.W. and rushed towards the Kotha of the deceased and found that, the deceased and Mst. Irshad P.W. were going out running and Amir appellant who was following them, was inflicting injuries on the person of Mst. Biban; that in their sight, the said appellant dealt Toka blows on the left arm, the right and the left hand and the head of the deceased who fell down; that thereafter, the appellant inflicted further Toka blows on the neck and other parts of the person of the deceased; that Mst. Irshad P.W. rushed in order to save her mother and fell over her but the appellant dealt Toka blows even on her head, shoulder and neck; that the complainant and the P.Ws. who had in the meantime reached the spot, overpowered Amir appellant alongwith his Toka and that on observing Mst.13iban, they found that she had succumbed to the injuries.
8. The complainant had further disclosed that Amir appellant had committed the offences in question at the instigation of his brother Haq Nawaz and his son Allah Ditta.
9. On being confronted with the prosecution case, Amir appellant had pleaded that Hakam Khan P.W. was carrying on illicit liaison with Mst. Biban deceased; that at the time of occurrence, he was going to the nearby sugarcane field to cut the fodder for the cattle and had Toka P.5 with him; that he saw Hakam P.W, and Mst. Biban deceased in a compromising position; that he lost control over himself due to this grave and sudden provocation and caused injuries on the person of Mst. Biban deceased; that Mst. Irshad Bibi P.W. tried to save her mother and he inflicted injuries even on her person; that Hakam P.W. had escaped in the meantime; that he had not been apprehended by the P.Ws. at the spot but had voluntarily appeared before the police and had produced Toka P.5 and his blood-stained clothes P.6 to P.8, before the police and finally that the prosecution had deliberately suppressed the real facts to falsely implicate him.
10. It is in evidence that ever since the death of the husband of Mst. Biban deceased which was about 6/7 years prior to the occurrence, Amir appellant who was his brother had started residing with the family of the deceased. Mst. Biban deceased was thus living in her house alongwith her children, some of whom were grown up including a son who was older to Mst. Irshad Bibi P.W., besides Amir appellant who was also residing there. The appellant wants us to believe that Hakam complainant had developed illicit liaison with the deceased and was seen in a compromising position with Mst. Biban deceased at the time of occurrence at a place which was only a few yards outside the residential Kothas of these inhabitants of the house. This, in our opinion, is not a reasonably plausible explanation of the occurrence. It may be added that the people in the rural areas do not go to the fields for cutting fodder before the sunrise and in any case, the fodder for the cattle is not cut with Tokas. Mst. Irshad Bibi P.W. is no doubt a daughter of the deceased but she is also a daughter of the brother of the appellant and the said brother was so concerned and closely connected with them, that he had taken up his residence with the family of his late brother after his death. In the circumstances, it is not readily digestible that Mst. Irshad Bibi P.W. would twist the facts to ensure the hanging of such a paternal-uncle. It may also be mentioned here that none from amongst the children of the deceased who were so closely connected with the appellant had come forward, even at the investigation stage in defence of their paternal-uncle.
11. Thus, the defence version of the present occurrence appears to be implausible and is accordingly rejected.
12. Hakam Khan complainant and Allah Ditta P.W. are being strongly corroborated by Mst. Irshad Bibi P.W. who was an injured witness of the occurrence in question and whose presence or receipt of whose injuries are admitted even by the appellant. As has been noticed above, she is rather closely connected even with the appellant. The convict had been apprehended at the spot with blood-stained clothes and with a blood-stained Toka which he had admittedly used in the present occurrence. It is also noticeable that the claim of Hakam Khan complainant about the motive had not been challenged by the appellant in the sense that no question was put to him that he had no marriageable son for whom, the hand of Mst. Irshad Bibi P.W. was being sought.
13. In this view of the matter, no exception can be taken to the finding of guilt recorded against Amir appellant on both the charges. He had killed his brother's wife and had murderously assaulted his brothers' daughter without any justifiable reason. He does not deserve any leniency.
14. Consequently, Criminal Appeal No.618 of 1990 filed by Amir appellant is dismissed and the death sentence awarded to him IS CONFIRMED. It is, however, directed that the entire amount of fine imposed on the appellant under section 302, P.P.C. shall be paid to the heirs of the deceased, in addition to the compensation directed by the learned trial Court, to be paid to them.
15. Murder Reference No.210 of 1990 and. Criminal Appeal No.618 of 1990 are disposed of in the above terms.
N.H.O./A-395/L Appeal dismissed.