1984 PLP 469 (SCMR)

ASLAM RIAZ HUSSAIN, J.‑Jogindar Masih appellant has been convicted for the murder of Mst. Sughra Bibi and sentenced to death. According to the prosecution, the appellant used to work as a servant in the house of Mst. Sughra Bibi. She was a married woman with three sons and two daughters. Her husband was alive, but she eloped with the appellant and started living with him in another village. The, relatives of Mst. Sughra Bibi did not take any action and it is in evidence that they even started visiting her off and on. Nothing happened for five years. It is alleged that on 13‑6‑1971, her daughter Mst. Afzal Begum P. W. and her husband Masood Ahmad P. W. had gone to meet her but during the night they slept outside the courtyard of the house. In early hours of the morning of 14th of June, 1976 they‑ heard the cries of Mst. Sughra Bibi upon which they went inside and saw the appellant giving her kassi blows: As a result of the injuries inflicted on her by the appellant she died on the spot.

2. The reason for the murder is stated to be that Mst. Sughra wanted to go back with her daughter and son‑in‑law but the appellant did not want her to go and that there had been an altercation between them on that issue. The occurrence was also seen by Karam Din (P. W. 6). The report was lodged with the police and after the investigation the appellant was sent up for trial.

3. The prosecution relied on the testimony of Karam Din (P. W. 6). Masood Ahmad, P. W. 9 (husband of the deceased) and Mst. Ifzal Begum, A P. W. 10 (daughter of the deceased). It also relied on the recovery of the kassi medical evidence and the motive. The accused‑appellant admitted the incident but gave a different version saying that it were Idrees Aslam son of the deceased, and Masood Ahmad (son‑in‑law of the deceased), who had killed her during the night.

4. The learned trial Court believed the prosecution evidence; convicted tae appellant and sentenced the appellant to death as already stated. On appeal the High Court maintained the conviction and confirmed the death sentence of the appellant. The appellant filed a petition for leave to appeal through jail Leave was granted to consider the plea of defence that it were Idrees Aslam and Masood Ahmad who had killed the deceased because although they had apparently reconciled with the elopement but still harboured a grudge against the deceased.

5. The case rests entirely on the testimony of the eye‑witnesses. But if the defence version is true, it would equally be corroborated by the recovery of the blood‑stained kassi and the injuries found on the person of the deceased, and there would also be an adequate motive to support the plea.

6. We have heard the learned counsel for the appellant at length and have gone through the relevant portions of the evidence. We are inclined to agree with the view taken by the High Court that the plea of defence has no merit and the guilt has squarely been brought home to the appellant. His conviction was, therefore, rightly maintained. But as regards the sentence we feel that in the circumstances of the case, namely, that Mst. Sughra Bibi had been living with the appellant, for 5 long years but suddenly wanted to leave him and go with her children that they (i.e. the appellant and the deceased) had quarreled over the matter, ostensibly almost throughout the night, till 4 a.m. by which time the appellant was obviously exasperated and, inflicted kassi blows on her, we feel that the lesser sentence of imprisonment for life will meet the ends of justice. We, therefore, reduce his sentence from, death to that imprisonment for life. With the above modification in the sentence the appeal is dismissed. M. Z. M. Appeal dismissed.