1981 PLP 578 (SCMR)

MUHAMMAD GUL, J.--The petitioner was tried and convicted for the murder of Yohanna and sentenced to imprisonment for life by the trial Court. On appeal his conviction and sentence have been maintained by the High Court by judgment dated 18-11-1974, against which he now seeks leave to appeal. The incident took place on 19-11-1971, at about 10.00 a.m. at an aban doned well in the Chowk of Chak No. 51/GB (village Kamand), District Lyallpur. The case for the prosecution briefly is that the deceased, who was a resident of village Kamand but ordinarily lived in Lahore with Lazaras P. W. 8 was on a short visit to the village. He was sitting and talking to Hakam P. W. 11, Mir Dad P. W. 12 and Sardar Masih P. W. 13 when the petitioner armed with a chhuri suddenly appeared and stabbed the deceased in the chest and ran away. The deceased was supported by the aforesaid persons to his house but he died on reaching the house. The report of the incident was lodged by Sardar Masih P. W. 13, a brother of the deceased at 11-30 the same day at Police Post, Tarkhani. According to the F. I. R. the motive for the incident was that they peti tioner had eloped with Bilqees P. W. 7, daughter of Lazaras P. W. 8, 1 f years before the occurrence. She was later restored to Lazaras through the efforts of the deceased. This was resented by the petitioner because he claim ed Mst. Bilqees to be his wife. The deceased suffered one stab wound 1 ' x ' in the front of the chest. The injury was deep enough to cut the heart through and through. This was sufficient to cause death to the ordinary course of nature. The petitioner was arrested on 21-11-71. After interrogation, he led the Investigating Officer to recover chhuri Exh. P. 1 from the chhapar of the petitioner's house. The chhuri on examination was found stained with human blood. The petitioner in a statement under section 342, Cr. P. C. denied the guilt and alleged his false implication on account of enmity and suspicion. He denied that he had abducted Mst Bilqees P. W. He, however, stated that she voluntarily joined him in Chak No. 51/GB and was later taken to Chak No. 424/GB. Ultimately, marriage was solemnised between them in Sargodha District. He also admitted that Mst. Bilqees was recovered from a house in Chak No. 51/GB and was not residing with her parents. The petitioner's conviction rests on the ocular evidence of Hakam, Mir. Dad and Sardar Masih. There is also the supporting evidence relating to motive, the medical evidence and the evidence of recovery of chhuri Exh. P.

1. In support of this petition, learned counsel for the petitioner sub mitted that the petitioner's conviction rests on ocular evidence which is highly interested and that in any case, the offence against the petitioner fell within the purview of section 304, Part I and not under section

302. As to the first limb of argument we consider that the evidence adduced against the petitioner was overwhelming. It is true that Sardar Masih was a real brother of the deceased but the other two eye-witnesses are unrelated and had no motive to falsely implicate the petitioner. His admission that he took Mst. Bilqees to Chak No. 424/GB and later to Sargodha District where they were married and that Mst. Bilqees was later recovered and is now living with her parents also goes a long way to support the prosecution case on the point of motive. As to the second limb of the argument, the situs of the injury on the vital part of the body and its depth leave no manner of doubt that the peti tioner's intention was to kill the deceased and not merely to harm him. The petitioner, therefore, was rightly convicted for having caused the death of Yohanna deceased. Accordingly, the petition is dismissed. Petition dismissed.