1986 P Cr (PLP)

(3) There was a stab wound 5 x 2 c.m. x chest cavity deep on the left side of chest on front 3 c.m. below injury No.2. (4) A stab wound 5 x 3 c. m. x chest cavity deep on the front or right chest about 4 cm below the medial end of right clavical with corresponding cut on both the Shirt and Jursi. (5) A stab wound 4 x 2 c.m. x indefinite deep on left side about 4 c.m. above the illiac crest on the hip., (6) A stab wound 5 c.m. x 2 c.m. x bone deep on the left side of the abdomen just above left illiac crest there was a corresponding cut on the Shalwar. On dissection the muscle and blood vessels were found cut under injury No.1. The upper lobe of left lung was punctured, under injury No.3. The chest cavity was full of blood. The upper lobe of right lung was injured under injury No.4 and cavity was full of blood. The death was due to shock and haemorrhage caused by injuries 3 and 4 which were sufficient to cause death individually and collectively. All the injuries were by sharp‑edged weapon. Injuries No.3 and 4 were fatal while other injuries were of simple nature. The time between injuries and death was immediate and post‑mortem was conducted after about 24 hours of death.

3. The Investigating Officer during inspection of the spot collected blood‑stained earth vide memo. Exh.P.C. on 14‑1‑1981. He also found blood‑stained Chhuri P.7 lying near the cot of Mst. Aisha deceased. He took the same in possession vide memo. Exh. P.D. attested by P.W.4 Abdul Bari and P.W.6 Muhammad Shamoon. The clothes of deceased Exhs.P.1 to P.5, Tasbih 6 and the bedding P.9 to P.11 were taken in possession vide memo. Exh.P.A. The accused was arrested on 16‑1‑1981. He was found wearing blood‑stained shirt P.8. It was got removed by S.I. Pervaiz Shah and taken in possession vide memo. Exh.P.E. attested by Abdul Bari P.W.4 and Zia‑ul‑Haq P.W, not examined. The Chhuri P.7 and shirt P.8 were found stained with human blood vide report of Chemical Examiner P.M. and that of Serologist P. N. The accused was challaned after completion of the investigation.

4. The prosecution during the trial examined 8 witnesses in all in support of its case. P.W.5 Abdul Aziz and P.W.6 Muhammad Shamoon were examined as eye‑witnesses. The recovery of Chhuri P.7 was witnessed by P.W.4 Abdul Bari and Muhammad Shamoon P.W.6. The recovery of blood‑stained shirt P.8 was witnessed by Abdul Bari P.W.4. The medical evidence was furnished by Dr. Muhammad Mazhar P.W.9 as given in detail above. The case was investigated by S.I. Pervaiz Shah P.W.8. The evidence of the rest of the witnesses was of formal nature. The accused when examined under section 342, Cr.P.C. denied the charge and pleaded innocence. He did not produce any evidence in defence. It was stated by him that Muhammad Shamoon in order to save his own life has falsely implicated him in this case. The learned trial Judge placed reliance on the evidence of motive, recoveries of Chhuri P.7 and shirt P.8, the two eye‑witnesses and sentenced the appellant Muhammad Saood to death and fine of Rs.5,000 or in default one year R.I. under section 302, P.P.C. vide the impugned judgment, dated 6‑11‑1982. He has filed this appeal against his conviction and sentence through jail. The proceedings are also before us for confirmation of the sentence of death.

5. We have gone through the record and have also heard the learned counsel appearing on behalf of the parties. It is contended on behalf of the appellant that the accused did not have any motive to kill his own mother. Secondly, that no incriminating article was recovered from the appellant and that the eye‑witnesses being interested were not reliable. The learned State counsel controverted these contentions on behalf of the appellant. Muhammad Saood accused was son of Mst. Aisha deceased. Muhammad Shamoon P.W. was real brother of the accused and son of the deceased. Abdul Aziz P.W. lived in the same street. He was not related to the deceased or complainant. He had no enmity or ill‑will against the accused. Abdul Aziz being a resident of the street and Muhammad Shamoon P.W. being resident of the house where the occurrence took place, they both are natural witnesses. The occurrence took place at about Isha prayer time. The F.I.R. was recorded at 12‑310 a.m. i.e. after about 4 hours of the occurrence at the police station, about 13 miles from the place of occurrence. The F.I.R. was prompt. The two eye‑witnesses being independent and natural witnesses cannot be disbelieved. It is stated by Muhammad Shamoon P.W. that the accused used to have quarrel with his own mother because she did not arrange hi marriage on account of his bad habits. It is not denied by the accused that he was not an unmarried person. If Mst. Aisha had been killed by any other person or even by Mst. Nasim wife of Muhammad Shamoon P.W. the accused must have taken some step in that behalf. He could have lodged a report with the police. He could also have filed a private complaint. This was not done by him. The conduct of the accused also indicates that it was he who killed his own mother. He had a motive against his mother who did not help him get married. The accused was arrested on 16‑1‑1981. He was found wearing shirt P.8 At the time of his arrest. This shirt was stained with human blood. The recovery was supported by Abdul Bari P.W.4 who again is an independent witness. He had no enmity whatsoever against the accused. He was not related to the deceased. The recovery of shirt P.8, therefore, corroborates the ocular account. It is in evidence that the accused while leaving the place of occurrence after murdering his mother threw the blood‑stained Chhuri P.7 at the spot. It was taken in possession in presence of Abdul Bari P.W.4 and Shamoon P.W.6. This recovery is also supported by independent witnesses. There is nothing to show that Muhammad Shamoon P.W. was in any way hostile to the accused or that he had any ill will against him. The recovery of Chhuri P.7 also corroborates the two eye‑witnesses. We find that there is overwhelming evidence to connect the appellant with the murder of his own mother Mst. Aisha. We have carefully gone through the entire record. There is no discrepancy between the statement of the eye witnesses. There is no improbability in the story put forth by them in their statements. They have been corroborated by independent circumstantial evidence as well. In view of this we find no merit in this appeal which is dismissed. The conviction of Muhammad Saood appellant under section 302, P.P.C. is maintained. However we are o the view that the immediate motive of the occurrence is shrouded in mystery. The two eye‑witnesses reached the place of occurrence when the accused Saood was already inflicting injuries on the person of Mst. Aisha. It is stated by Muhammad Shamoon P.W. that he left the house after saying Maghrab prayer and returned at about Isha prayer time when this occurrence took place. It is not known as to what exactly happened between the accused and the deceased between Maghrab and Isha prayer time. The motive being shrouded in mystery we do not think that capital sentence is called for in the instant case. As such maintaining the conviction of Muhammad Saood appellant under section 302, P.P.C. we reduce his sentence to imprisonment for life and a fine of Rs.100 or in default one month R.I. He will be given benefit of section 382‑B, Cr.P.C. The sentence of death is not confirmed. The appellant will be informed of the result of this appeal in prison. S.G.D. Order accordingly.