1984 P Cr (PLP)

(1) Incised wound 1.5 c.m. x 1 c.m. skin deep situated on the ring finger of the hand. (2) Incised wound 1.5 c.m. x c.m. on the little finger. It was skin deep. (3) Incised wound on the supra pubic region of the abdomen 10.5 c.m. x 4.5 c.m. Peritoneum was cut. Intestines were lying out under this injury. (4) Incised wound on the lateral side of right hand 3 c.m. x 2.5 c.m. The general condition of the deceased was found to as follows by Dr. Muhammad Younas:- "BP was 60 m. m. of mercury. Pulse was feeble and skin was cold and calmy."

5. Injury No. 3 was found grievous and dangerous to life. The other injuries were found simple in nature. All the injuries have been caused by sharp-edged weapon. Muhammad Yousaf deceased died in the hospital on 29th August, 1980. The post-mortem was conducted by Dr. Khawar Hussain P. W.

4. It was opined by the medical officer that injury No. 3 was sufficient to cause death in the ordinary course of nature. The other injuries are of formal nature.

6. The accused when examined under section 342, Cr. P. C. made the following statement:- "Muhammad Yousaf deceased was a man of bad character. He used to level false allegations of sexual intercourse with my sister. We had quarrelled with each other on many occasions due to this reason. On the day of occurrence, my sister was going ahead of me, at a distance of a few paces when the deceased cut a joke with her. He said `Soneyo Kider Challe' 1 reprimanded him and we grappled with each other. My sister ran away to her house. I sustained a few scratches on my person. The deceased was armed with a dagger. He tried to give dagger blows to me. I snatched the dagger from him. The deceased tried to snatch the dagger from me and so his bands were injured. I inflicted a dagger blow to him in the beat of passion and under grave and sudden provocation to defend myself against his attack. None was present at that time and the eye-witnesses are not telling the truth. I myself appeared before the police on the day of occurrence and was arrested."

7. I have heard the learned counsel for the appellant as well as the State. I have been taken through the evidence by the learned counsel for the appellant who has argued- the following points. Firstly it is submitted by him that the F. I. R. was lodged after preliminary injuries, secondly Muhammad Yousaf was unconscious and as such the statement could not have been made by him and for that reason the statement Exh. P.B. could not be taken as a dying declaration, thirdly the recoveries were not reliable and no reliance should be placed on them and finally it was argued that no case under section 302, P. P. C. was made out against the appellant. The learned counsel for the State on the other hand stated that the accused had admitted the occurrence and infliction of injuries on the person of Muhammad Yousaf deceased. There was no enmity between the accused and the deceased. The motive has also been admitted by the accused. It was submitted by him that the case against the appellant squarely fell within the ambit of section 302, P. P. C. In this case the accused has pleaded that the deceased had passed a remark on his sister immediately before the occurrence. This was objected to by him. At this the deceased took out a dagger and tried to cause injuries to him. The accused further stated that during the scuffle be received injuries and snatched the dagger from deceased and in his defence caused injuries to him.

8. The prosecution witnesses P. W. 12, Mst. Nooran Bibi and P. W. 13, Muhammad Ishaq are no doubt related to the deceased Muhammad Yousaf but they have no enmity to falsely implicate the present accused, who has infact admitted the time, the place and the occurrence itself. The evidence is further supported by the recovery of dagger P. 7 and the recovery of shalwar P. 5 and shirt P. 6 at the instance of the accused. These articles were found stained with human blood. Thus, in view of the ocular evidence, recovery from the accused, the dying declaration Exh. P.B. and the admission of occurrence by the accused himself it is fully established that the accused Muhammad Iqbal caused injuries to Muhammad Yousaf deceased. The statement Exh. P.B. of Muhammad Yousaf deceased was recorded when he was in senses. The learned counsel pointed out from the statement of Muhammad Ishaq P. W. 13 that at the time of recording of the statement of Muhammad Yousaf, he was not coherent and would become conscious with intervals. I am not prepared to believe this statement of Muhammad Ishaq P. W.

13. The Medical Officer Muhammad Younas P. W. 5 who examined the deceased immediately after the occurrence stated the general condition of Yousaf deceased. It was not stated by him nor this fact was got clarified from the Medical Officer in cross-examination, that Muhammad Yousaf deceased was unconscious at the time of his examination or at the time of recording of statement Exh. P. B. 1n fact the Medical Officer had issued a certificate on 22nd July, 1980, Exh. P. E./1 that Muhammad Yousaf wart fit to give the statement at that moment. In this view of the matter it cannot be said that Muhammad Yousaf was not in a fit condition to make the statement or that the said statement was made on the tutoring of others. The only point that requires consideration is as to whether, the case against the accused Muhammad Iqbal is a case of deliberate murder and covered by the provisions of section 302, P. P. C. or it is a case covered by any of the exceptions of section 300, P.P.C.

9. The facts of the case are that the accused gave a dagger blow on the abdomen of the deceased which caused intensive damage inside the abdomen. The Medical Officer Muhammad Younas P. W. 5 found that the peritoneum was cut and intestines were lying out under this injury. The accused did not stop after inflicting this injury and attempted to give more blows to Muhammad Yousaf deceased which were warded off by him as is indicated by other incised wounds on his person. Thus, the accused attacked and caused injuries to Muhammad Yousaf deceased with the intention to murder him. The fact that it was a matter of family honour and he caused injuries to the deceased on some sustained provocation will only entitle the appellant to a lesser punishment which he has already been awarded by the learned trial Judge. In this view of the matter I am of the view that the case of the appellant is not covered by any of the exceptions of section 300, P. P. C. It is a deliberate and intentional murder by Muhammad Iqbal accused. Tae result is that the conviction and sentence of Muhammad Iqbal accused is maintained anti his appeal is dismissed. He will be given the benefit of section 382-B, Cr. P. C. for computing of the period of imprisonment in jail. M. Y. H. Appeal dismissed.