1968 SCMR 378 (PLP)

FAZLE-AKBAR, J.-The petitioner Allanditto stands convicted under section 302, P. P. C. and sentenced to transportation for life and a fine of Rs. 1,000 for the murder of one, Faiz Muhammad. The prosecution case is that at about 9 p.m. on 24-4-65, Faiz Muhammad was called out from his house by some people and taken away. As he did not return till next morning, his nephew Muhammad Siddiq started making inquiries. Muhabbat P. W. informed him that he had seen at about isha prayer time Faiz Muhammad with the accused Allanditto, Noor Muhammad and Punhoon, going towards Punhoon's village. Siddiq then along with one, Ali Khan, went to the house of Punhoon and there met Allanditto, but he denied any knowledge of the whereabouts of Faiz Muhammad. Muhammad Siddiq then lodged a first information report on 25th April 1965, at Sakrand Police Station, stating that he suspected Allanditto, Noor Muhammad and Punhoon for disappearance of his wick, Faiz Muhammad. The Police at the time of arrest of Allanditto secured the shirt and the loin cloth that were on his person and also took the hatchet that was in his hand. Under interrogation he agreed to show the place where the murder was committed and where, the dead body was lying buried. He then led the police party to a field where they found blood, hair and angocha and they took the same into custody. The accused also showed them the place where the dead body was lying buried. A Magistrate was then called and in his presence the place was dug and the dead body of Faiz Muhammad was exhumed. The dead body which had several injuries was identified by Muhammad Siddiq and others as that of Faiz Muhammad. At the instance of the accused, the slippers of the deceased were also recovered from a nearby well. The Chemical Examiner found human blood on the shirt and loin cloth which were seized from the person of the accused, Eventually Allanditto, Punhoon and Noor Muhammad were committed to the Court of Session. The defence of the accused was a plea of false implication out of enmity. There was no direct evidence in this case. The trial Judge being of the opinion that the circumstantial evidence was sufficient to bring home the charge of murder against accused Allanditto convicted and sentenced him as stated above. He, however, acquitted the other two accused. The circumstances on which he relied in convicting the Petitioner, are as follows:- (i) that the deceased was last seen with this petitioner at about 9 p.m. on 24-4-65; (ii) that the petitioner led the police party to a field where the murder of Faiz Muhammad had allegedly been committed and the police recovered from there blood-stained earth, angocha and hair. He also showed them the place where the dead body was lying buried and the dead body of Faiz Muhammad was recovered therefrom; (iii) that the dead body of the deceased showed marks of hatchet injuries; (iv) that at his instance the slippers of the deceased were recovered from the well; (v) that the shirt and loin cloth recovered from the person of the accused were found by the chemical examiner to be stained with human blood. The High Court also held that these circumstances unmistakably proved the guilt of the accused. The learned Counsel has pointed out that the place where the dead body was lying buried, had been freshly sprinkled with water and two fingers were visible, hence it could have been easily seen by any one passing by that way. He has, therefore, attempted to argue that the story that the dead body was recovered at the instance of the petitioner was false. He has also contended that the other circumstances on which the Courts below relied were also not sufficient to establish that this petitioner was responsible for this murder. We are unable to accept the above contentions. We are satisfied that the deceased was last seen with the petitioner ; that the petitioner had exclusive knowledge of the place where the body was lying buried ; that the slippers of the deceased were recovered from the well at his instance and that human blood was A present on the clothes that wore secured from his person. The Courts below have rightly held that the above circumstances fully bring home the charge of murder to the petitioner. In our opinion, the petitioner has been rightly convicted and sentenced and we accordingly dismiss this petition. Petition dismissed.