1991 PLP 9 (SCMR)

7: After registration of the case Muhammad Iqbal, A.S.I. (P.W.13) proceeded to the hospital and prepared injuries statement (Ex.PF), inquest report (Ex.PG) and entrusted the dead body of Muhammad Ali to Mulazim Hussain, F.C. for taking it to the mortuary for post‑mortem examination. He proceeded to the spot and collected the blood‑stained earth from the place of occurrence after preparing a memo (Ex.PA).

8. On 20‑8‑1984, Asmatullah Khan, Inspector, (PW 14) arrested the petitioner and Fateh Muhammad, accused, from bus‑stand Chak Miana. On a disclosure made by the petitioner, during the course of interrogation a blood‑stained hatchet (EX.P.1) was recovered from a sugar‑cane field situated near a dera.

9. The motive for commission of the crime, as stated, was that 18 or 19 years before the occurrence,, the deceased Muhammad Ali had abducted the sister of the petitioner and thus on account of the said grudge the petitioner killed him. The allegation against other acquitted accused was that the petitioner had murdered the deceased in conspiracy with them.

10. The conviction of the appellant is based on ocular testimony of Nazar Muhammad (PW 10), Saru (PW 11), medical evidence, recovery of blood‑stained earth and blood‑stained hatchet, which were found stained with human blood according to chemical examiner's report and the report of Serologist.

11. The High Court in the impugned judgment has dealt with the contentions of improbability of the occurrence and the weakness of the motive. Dealing with the motive the High Court observed as follows:‑ "As far as motive is concerned, though the factum of abduction has been denied by the appellant in his statement under section 342, Cr.P.C. we are of the view that the motive is true, inasmuch as it was the case of prosecution that the deceased had abducted the appellant's sister. We, therefore, have no reason to disbelieve it." And, inter alia, relied on the case of Fazal Khan v. The State P L D 1964 S C 54 wherein it was observed as follows:‑ "It must be remembered that questions of family honour touching the females of a family, are of almost overpowering importance to the tribes of the Western regions. To vindicate that honour, they. feel bound in duty to go to very great lengths:"

11. The High Court also believed the testimony of Nazar Muhammad and Saru and found that their statements were consistent and though they were cross examined at length but the defence failed to shake their credibility. High Court has also properly dealt with the contention that on the same testimony the other accused were acquitted. .

12. After having gone through the record I am of the view that the conviction of the appellant is based on proper appreciation of evidence and have not been able to find any infirmity in the impugned judgment. The petition is also barred by time by 50 days.

13. I would, therefore, for all these reasons, dismiss this petition. I agree that the Jail petition has no merits and be dismissed. This Jail petition has no merits. It is, therefore, dismissed. N.H.Q./Y‑19/S Petition dismissed.