1993 P Cr (PLP)

3. P.W.1 Daulat Ali, F.C. escorted the dead body of the deceased on 17-5-1983 to the mortuary and after post-mortem examination the Doctor handed him over last-worn clothes of the deceased i.e. Chadar P.1, Kurta P.2 (both blood-stained) which he produced before P.W.9 Muhammad Ashraf S.I. who secured the same vide memo. Exh.PA. attested by him. On 22-5-1983 P.W.1 was handed over two sealed parcels, containing blood-stained earth and blood-stained Chhuri by Bashir Ahmad M.H.C. which he delivered in the respective office. P.W.2 Abdul Majeed Patwari had prepared the site plan Exh.P.B. and its duplicate copy Exh.P.B./1 on the asking of police and on the pointation of P.Ws. P.W.3 Nasir is the son of the deceased and stated that on the day of occurrence at about 7/8-00 a.m. he alongwith his deceased father Mumtaz and his grandfather Muhammad P.W.8 were harvesting the wheat crop. The deceased had placed his sickle on the Banna of wheat crop, from where Haq Nawaz, father of the accused passed and after a short-while the said sickle could not be traced out. The deceased inquired from Haq Nawaz father of the accused about the sickle, on which Haq Nawaz gave a slap to the deceased and they exchanged hot words and abuses. P.W.4 Bashir Ahmad, A.S.I. on 17-5-1983 had received complaint Exh.P.C. and on its basis correctly recorded the F.I.R. Exh.P.C./1. He had received two sealed parcels, which he handed-over to P.W.1 Daulat Ali Constable for delivering the same in the respective offices. P.W.5 Allah Nawaz who is real brother of the deceased, has stated that Muhammad Nawaz (P.W.7) was his brother and Nasir P.W. was son of the deceased and on the day of occurrence at about 1-0O p.m. he alongwith Muhammad Nawaz (P.W.7), Muhammad complainant (P.W.8) and Mumtaz deceased were preparing heap of chaff, when the deceased was sent to bring watch from the house of Malik Sher Muhammad as they had to water their fields at about 3-00 p.m. and they were tenants of Malik Sher Muhammad, who is first cousin of the father of the accused. Mumtaz deceased had covered 40 Karams from them, when he was surprised by the accused, who had ambushed himself, made a Lalkara while stating that. he had come to take revenge of the abuses given to his father. The appellant was having a Chhuri at that time, who gave two Chhurri blows to the deceased. P.W.5 alongwith other P.Ws. ran towards that side in order to save the deceased who received a Chhuri blow on his left flank, while the other on the back of his chest, and the deceased fell down. The occurrence was witnessed by P.W.5, P.W.8, P.W.7, Hussain Bahadur and Abdul Razzaq (P.Ws. given up). The appellant ran away after the occurrence with the weapon of offence. The deceased expired at the spot within five minutes of the receipt of blows. They remained with the dead body while P.W.8 Muhammad went to the police station to inform the police. P.W.7 Muhammad Nawaz, an eye-witness had corroborated the statement of P.W.5 Allah Nawaz. P.W.8 Muhammad is the complainant and father of the deceased Mumtaz, who reiterated the contents of his statement Exh.P.C. on the basis of which formal F.I.R. Exh.P.C./1 was recorded. P.W.9 Muhammad? Ashraf, S.I. is the Investigating Officer, who recorded the statement of the complainant P.W.8 Exh.P.C. Thereafter he reached the spot, prepared injury statement Exh.P.E., inquest report Exh.P.F. and despatched the dead body for autopsy.

4. Dr. AA. Khalid, (P.W.6) conducted the post-mortem, examination on the dead body of Mumtaz deceased and found the following injuries:

(1)??????? A stab wound 3-1/2 c.m. x 3/4 c.m. x chest and abdominal cavity deep on left lateral chest 5 c.m. from the inferior angle of scapula cutting the left pleaurae, left lung and spleen. The wound was directed downward forward in between 6th and 7th ribs. (2)??????? An incised wound 2 c.m. x 1/2 c.m. x bone deep on scapula middle. On opening the thorax, left pleaurae left lung was found injured due to injury No.1. On opening the abdomen, it was found that spleen was injured as a result of injury No.1 while the rest of the organs were healthy. In the opinion of the Doctor, the death was caused due to shock and haemorrhage as a result of injuries Nos. 1 and

2. Both the injuries were ante-mortem and were caused by sharp-edged weapon. Injury No.1 was sufficient to cause death in the ordinary course of nature. The duration between injuries and death was about few minutes while between death and post-mortem within 24 hours. Exh.P.D. is the copy of post-mortem report and Exh.P.D./1 is the sketch of injuries.

5. P.W.9 Muhammad Ashraf, Investigating Officer inspected the spot, secured blood-stained earth vide memo. Exh.P.G. and arrested the appellant, P.W.1 Daulat Ali had produced before him last-worn clothes Chadar P.1 and Kurta P.2 (blood-stained) secured by P.W.5 vide memo. Exh.PA. The appellant was interrogated, who led to the recovery of blood-stained Chhuri P.3 from the field of sugarcane, which was secured by P.W.5 vide memo. Exh.P.H. P.W.9 got prepared site plan Exh.P.B. and Exh. P.B./1 and after completion of the investigation had challaned the appellant, and sent up for trial Court to which he denied and claimed trial.

6. The appellant when examined under section 342, Cr.P.C. denied the prosecution evidence against him and also stated that the Chhuri P.3 had been planted on him and in answer to a question "Why P.Ws. have deposed against you?", he stated:

"What actually happened was like this. I was proceeding alongwith my wife at about 11-00 a.m. on the day of occurrence from our village towards our Dera. On the way I sat down to answer the call of nature and my wife proceeded ahead. I heard hue and cry of my wife and went towards that place. The wife told me that the deceased had misbehaved with her and had caught hold of her arm in order to outrage her modesty. I lost self-control and under that state of mind while I was under grave and sudden provocation, I inflicted one or two injuries to the deceased with the sickle which I was having in my hand. Abdur Razzaq and Hussain Bahadur P.Ws. had seen the occurrence. Muhammad and his sons P.Ws. were not there." and produced in defence D.W.1 Hussain Bahadur, who stated that on the day of occurrence at about 10/11-00 a.m. he went to the Dera of Sufi Sarfraz situated in Chak No. 34/J.B. to arrange a thrasher and inquired about Munshi Jan Muhammad, who had stated that the thrasher was thrashing the wheat in the land of Karoor and D.W.1 started for the land of said Karoor and outside the village Abadi met Abdul Razzaq P.W. and then started to proceed on his way. He was followed by Abdul Razzaq, P.W. He witnessed the appellant proceeding alongwith his wife towards that side and they were about 10/15 Karams ahead of D.W.1. The appellant sat down to ease himself, while his wife went on proceeding. The deceased started to tease the wife of Ahmad Nawaz appellant, who raised alarm. The appellant got up and rushed to that side. Abdul Razzaq P.W. also went to that side. The appellant was having a sickle in his hand and he gave two sickle blows to the deceased. No other person was present at the time of incident except, D.W.1 and Abdul Razzaq P.W. The deceased fell down. D.W.1 proceeded to the Chak to inform the parents of the deceased.

7. I have heard the learned counsel for the appellant, learned counsel for the State assisted by learned counsel for the complainant and have perused the record. The motive behind the occurrence as stated by P.W.8 Muhammad complainant, father of the deceased was that he alongwith the deceased, Nasir and Hafeez P.Ws. was cutting wheat crop and had placed the sickle on the Banna of field from where Haq Nawaz, father of the accused passed. After an hour the sickle was not found. The deceased inquired from the said Haq Nawaz about the sickle, who gave two slaps to the Mumtaz deceased and then both had exchanged abuses. P.W.3 Nasir son of the deceased also stated about the motive behind the occurrence and corroborated the statement of P.W.7. It is on the record that Haq Nawaz was the land owner, whereas the deceased and his father were the tenants. Haq Nawaz had slapped the deceased and there was an exchange of abuses. It would have been the motive for the deceased to kill Haq Nawaz and not for the complainant party as it is evident that Haq Nawaz had slapped the deceased and not otherwise: In view of the circumstances, the motive has not been proved on record.

8. P.W.3 Nasir is son of the deceased, P.W.8 complainant Muhammad is the father of the deceased, P.W.5 Allah Nawaz is also his real brother. P.W.7 Muhammad Nawaz is also related to him. The prosecution has not produced any witness from the vicinity to substantiate its case. P.Ws.3, 5, 6, 7 and 8 are closely related to the deceased and are interested. There is no independent corroboration of their statements. The recovery of blood-stained Chhuri P.3 was witnessed by Abdul Razzaq P.W. and Hussain Bahadur P.W., but they were not produced by the prosecution as having been won over and only P.W.9 Muhammad Ashraf, S.1, stated about the recovery of Chhuri P.3 at the instance of the appellant. None has corroborated the statement of P.W.9 to the factum of recovery of P.3. P.W.9 is a Sub-Inspector of Police and his evidence cannot be relied upon without independent corroboration. The factum of recovery of P.3 against the appellant has not been proved on the record. The P.Ws. stated that the deceased had received injuries at the hands of the appellant. The appellant had raised a specific plea i.e. that he was proceeding alongwith his wife at the relevant time from the village to their Dera, and on the way he sat to answer the call of nature and his wife proceeded ahead. The appellant heard hue and cry of his wife and he went to the place, where his wife told him that the deceased had misbehaved with her and had caught hold her of her arm in order to outrage her modesty. The appellant lost his control and under that state of mind when he was under grave and sudden provocation he inflicted one or two injuries to the deceased with the sickle which he was having in his hand and Abdul Razzaq and Hussain Bahadur had witnessed the occurrence.

9. The plea of grave and sudden provocation raised by Ahmad Nawaz appellant has been satisfactorily established by the evidence and the circumstances appearing in the case. The statement of the appellant is also corroborated by D.W.1 and there is evidence to the effect that wife of the appellant was present near the place of occurrence at the relevant time. There is thus possibility of the existence of grave and sudden provocation. This plea is spelt out from the prosecution evidence also. The contentions raised by the learned counsel for the appellant are substantiated by testimony on record and the circumstances of the case.

10. Pursuant to the above discussion, I am of the view that the appellant was rightly convicted and sentenced by the trial Court and his sentence and conviction is maintained. The connected criminal revision has no force and is dismissed. N.H.Q./A-296/L ???????????????????????????????????????????????????????????????????????????????? Appeal dismissed.