HAJI MUHAMMAD vs The STATE
This criminal appeal challenged the conviction of the appellant for the murder of his wife, Mst. Mukhtar Begum, which resulted in a sentence of life imprisonment. The core legal question was whether the conviction could be sustained when based on the testimony of a single witness (the deceased's father) who allegedly held a grudge against the appellant, and whether such testimony required independent corroboration. The Supreme Court held that the conviction was sound, as the testimony of the complainant was not only unimpeachable but was also strongly corroborated by independent evidence. Specifically, the Court noted the appellant was apprehended at the scene of the crime, the blood-stained weapon was recovered from his possession, and the appellant was wearing blood-stained clothing at the time of his arrest. The Court affirmed that where testimonial evidence is supported by recovery of the murder weapon and forensic evidence of blood-stained clothing, the conviction rests on a firm legal footing, even if the primary witness is related to the deceased.
- Can a conviction for murder be sustained on the testimony of a single witness if it is corroborated by independent evidence?
- Does the recovery of a blood-stained weapon and blood-stained clothing from an accused at the scene of the crime constitute sufficient corroboration for a conviction?
- Is the testimony of a deceased's relative inherently unreliable in a murder trial absent proof of deep-rooted enmity?
- Section 302, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
ABDUL QADEER CHAUDHRY, J.---Leave to appeal was granted to consider whether the conviction recorded against the appellant was proper in the circumstances of the case as the same was` passed on the sole testimony of the father of the deceased who seemed to, have a grudge against the appellant and there was no independent corroboration.
2. The facts, in brief, are that the appellant was tried for the murder of his wife Mst. Mukhtar Begum by the learned Sessions Judge, Multan, who convicted him under section 302 and sentenced him to imprisonment for life and fine of Rs.3,000 or in default to suffer further R.I. For one year with the direction that the amount of fine, if realised, be paid to the heirs of the deceased as compensation under section 544-A, Cr. P.C. His appeal against the conviction and sentence was dismissed by the High Court.
3. The report of the incident was lodged by P.W. Khuda Bakhsh who stated that on 9-6-1981 at about 9 a.m. He was sitting in his village, when his daughter, Mst. Mukhtar Begum was returning after making purchases from the shop of Hassan Bakhsh. The appellant arrived at the spot. He was armed with a hatchet. He inflicted hatchet blows on her head, neck and left thigh. On her alarm Mumtaz and Ahmad Yar were attracted who witnessed the occurrence and overpowered the appellant and apprehended him alongwith the blood-stained hatchet. Ghazi snatched the hatchet from the appellant. The motive for the murder was that the appellant was married with the deceased about 7 years back before the occurrence. Four months before the occurrence, the relations between the husband and wife became strained as a result of which the deceased had left his house and was residing with her father. At the trial, the prosecution relied upon the statement of Khuda Bakhsh. The three eye-witnesses were given up as having been won over. The conviction of the appellant was based on the testimony of Khuda Bakhsh supported by medical evidence; the apprehension of the appellant at the spot and the recovery of the weapon of crime from his possession.
4. P.W. 6 Khuda Bakhsh in his deposition stated that the appellant gave 3/4 hatchet blows to the deceased. He alongwith Ghazi, Mumtaz and Ahmad Yar rushed to the spot. They caught hold of the accused alongwith the blood-stained weapon. This witness has been cross-examined at length but nothing has been brought out on record which discredits the testimony of this witness. This witness has deposed that Ghazi P.W. Produced the Kulhari before the police at the spot. Ghazi P.W.
Is the maternal grandfather of the deceased and Ahmad Yar P.W. Is the maternal uncle of the deceased. P.W.7 Muhammad Ismail, A.S.1. Has corroborated the statement of P.W.6 about the production of hatchet by Ghazi P.W. He stated that Ghazi P.W. Produced before him the blood- stained hatchet Exh. P. He further stated that Ghazi P.W. Had produced before him Haji Muhammad accused whom he arrested. The statement of this witness fully corroborates the statement of the complainant that the appellant was apprehended at the spot. The hatchet which was snatched from the accused after the commission of the offence was produced before him by Ghazi P.W. The hatchet was stained with blood. Further corroboration can be sought from the statement of this witness wherein he stated that the appellant was wearing blood-stained shirt Exh. P.5 and blood- stained Dhoti Exh. P.6 at the time of arrest. It, therefore, cannot be said that the conviction of the appellant was based on the sole testimony of P.W. Khuda Bakhsh. There was no deep-rooted enmity and a circumstance has been given about the presence of the wife of the accused in the house of the complainant. P.W.6 was nest an inimical witness. His statement was produced by Ghazi before the police. The same witness also produced the blood-stained hatchet. The accused was wearing blood-stained clothes at the time of his arrest. These facts remain un rebutted. The evidence of Khuda Bakhsh was unimpeachable. It was fully corroborated with the other pieces of evidence. Therefore, his conviction was based on the sound footing.
5. There is no force in this appeal and the same is accordingly dismissed.