1991 P Cr (PLP)

In his opinion, the death was due to shock and haemorrhage as a result of injuries Nos.1, 2 and 3, which were caused by fire-arm, were ante-mortem, grievous and fatal. The injuries were sufficient to cause death in the ordinary course of nature. The time between injuries and death was immediate and between death and post-mortem was about 19 hours. On the same day, the said doctor conducted post-mortem examination on the dead body of Mst. Khanum Bibi and found following injuries on her body:-- (1) Fire-arm entry wound 1 x 1 c.m. x going inward on left hypochonprium. (2) Fire-arm entry wound .5 x .5 c.m. on the front of left side chest on the lower part 5 c.m. above injury No.l. (3) 3 fire-arm entry wounds in an area of 5 x 4-1/2 c.m. on the front and left side umblicus each measuring.5 x.5 c.m. (4) Fire-arm entry wound .5 x .5 c.m. on the back of left thigh on lower part (1) 1 x 1 c.m. on the front of left thigh. (2) 3 x 2 c.m. on the back of upper part of right side chest. (3) Contused area 15 x 10 c.m. on the lower part of front of left thigh including knee joint. (4) Abrasion 1 x 5 c.m. on front of left leg on lower part. (5) Abrasion 1 x 5 c.m. on the inner aspect of right leg. (6) Contused area 8 x 5 c.m. on the lateral aspect of right thigh. (7) Contused area 15 x 8 c.m. on the right upper arm. In his opinion the death had occurred due to excess of loss of blood, as a result of injuries Nos.1, 2 and 3, which were grievous and fatal and sufficient to cause death in the ordinary course of nature. The time between injuries and death was immediate and between death and post-mortem was about 20 hours.

6. On 1-4-1989 Malik Muhammad Safdar Inspector arrested Abdul Ghani and Abdul Munaf and other respondents. On 12-4-1989, Abdul Munaf got recovered revolver Exh. P.1 and 3 live cartridges Exh.P.2/1-3 from his house, which were taken into possession vide memo. Exh. P.A. On the same day Abdul Ghani got recovered gun Exhs.P.3 and 2 live cartridges Exh.P.4/1-2, which were taken into possession vide memo. Exh. P.N. On 24-4-1989, Muhammad Younis led to the recovery of rifle Exhs.P.7 and 3 live cartridges Exh.P.8/1-3 from his house which were taken into possession vide memo. Exh. P.B. He arrested Ghulam Raza respondent on 28-5-1989.

7. To prove its case, prosecution produced 13 witnesses. Muhammad Zubair P.W.2, Abdul Majid P.W.3 have given the ocular account of the occurrence. They claim to have seen the respondents causing injuries with their weapons to the deceased. Muhammad Zubair P.W. has supported the alleged motive. Fateh Khan P.W.1, Karam Elahi P.W.7 and Malik Muhammad Safdar, Inspector, P.W.13 have supported the recovery of weapons from the respondents. Dr. Zafar Iqbal Gondal P.W.10 have proved the post-mortem examination reports of the 2 deceased. The rest of the evidence is of formal nature.

8. When examined under section 342, Cr.P.C., the respondents other than Abdul Munaf denied their presence and participation in the occurrence. Abdul Munaf respondent raised the plea of grave and sudden provocation. He stated that on seeing his sister Mst. Khanum Bibi and her paramour Nazir Ahmad kissing and embracing each other in the room of the house of the husband of his sister, he killed them on account of Ghairat.

9. Disbelieving the prosecution version of the occurrence and the presence and participation of the respondents other than Abdul Munaf and believing the plea of grave and sudden provocation, the trial Court convicted and sentenced Abdul Munaf and acquitted the remaining respondents as stated above.

10. Learned counsel for the petitioner submitted that Nazir Ahmad was deceitfully taken to the place of occurrence and that Mst. Khanum Bibi was apprehended and thereafter both of them were confined in the room and in the presence of the eye-witnesses were done to death and as such, there was no occasion for the murder of the two deceased under grave and sudden provocation.

11. I have considered the submissions made by the learned counsel for the parties with care. I do not agree with him. I find that the trial Court has appreciated the evidence and the plea of grave and sudden provocation in accordance with the guidelines given by the Superior Courts. Muhammad Zubair and Abdul Majid are closely related to Nazir Ahmad deceased. They did not reside in the village in which Nazir Ahmad and Mst. Khanum Bibi was killed. It does not appeal to reason that instead of killing the two deceased immediately the accused/respondents would have waited for the arrival of Muhammad Zubair and Abdul Majid P.Ws. to witness the murder. The presence of Nazir Ahmad in the house of the husband of Mst. Khanum Bibi at 10-00 p.m. coupled with the alleged motive of illicit relations between them makes the prosecution version of the occurrence told by the 2 eye-witnesses highly doubtful. On the other hand, in view of the place of occurrence, the time of occurrence and the background of illicit relations between the 2 deceased, there is a reasonable possibility of the defence version raised by Abdul Munaf being true. The medical evidence does not exclude the possibility of the murder of the two deceased by Abdul Munaf appellant alone. The judgment of the trial Court is neither illegal nor perverse. The reasons given by the trial Court find support from the evidence on record and the circumstances appearing in the case. Pursuant to the above discussion, I do not see any justification to interfere with the well-reasoned judgment of the trial Court. So, the revision is dismissed in limine. MA.K./M-3206/L Revision dismissed.