1987 PLP 1248 (MLD)

Faqir Muhammad complainant, leaving the dead body at the place of occurrence, went to Police Station Sadar Gojra, District Toba Tek Singh, about six miles from the place of occurrence and lodged F.I.R. Ex.PY. at 4-30 a.m. on the same night (about two hours after the occurrence) which was recorded by S.I. Zafar Ali P.W.11

2. The dead body of Mst. Siddiqan Bibi aged about 34 years was sent for post-mortem examination which was conducted by P.W. I Dr. Muhammad Aslam Javaid at 4 p.m. on 5-6-1985. On external examination the medical officer noted an incised wound 8 c.m. x 1 c.m. x bone deep on right side and front of neck middle part'. On dissection of neck main blood vessels and soft tissues on the side of neck were found cut. The death was due to shock and haemorrhage as a result of the above-mentioned injury which had been caused by a sharp-edged weapon and was sufficient to cause death in the ordinary course of nature. The death was immediate and post-mortem was conducted after about 14 hours of death.

3. S.I. Zafar Ali P.W. I 1 during inspection of spot on 5-6-1985 collected blood-stained earth from the place of occurrence vide memo. Ex.P.H. The blood-stained cot P.7 on which Mst. Siddiqan deceased was lying at the time of occurrence was taken in possession vide memo. Ex.P.J. Abdul Salam accused was arrested on 11-6-1985. On 12-6-1985 Abdul Salam accused led to the recovery of blood stained Chhuri P.6 from near a Kikar tree by the Katcha road. It was taken in possession by A.S.I. Muhammad Akram P.W.10 vide memo. Ex.P.G. in presence of Abdul Razzaq P.W.8 and Abdul Hameed P.W.9. This Chhuri was found stained with human blood vide report of Chemical Examiner Ex.P.L. and that of Serologist Ex.P.M. The accused was challaned after completion of investigation.

4. The learned Sessions Judge, Toba Tek Singh placed reliance on the statement of Abdul Razzaq P.W. 8 and recovery of Chhuri P.6. He came to the conclusion that P.W.7 Faqir Muhammad did not witness this occurrence. Accordingly vide the impugned judgment, dated 27-5-1986 Abdul Salam accused 28 was sentenced to imprisonment for life and fine of Rs.1,000 or in default one year's R.I. under section 302, P.P.C. He was directed to pay 10,000 as compensation to heirs of the deceased and in default to suffer six months' R.I. He has come up in appeal through jail to challenge his conviction and sentence.

5. I have gone through the record of this case with the assistance of Ch. Imtiaz Ahmad, Advocate appearing for the State. Faqir Muhammad P.W.7 is father of Mst. Siddiqan Bibi deceased. P.W.8 Abdul Razzaq is husband of the deceased and a uterine brother of Abdul Salam accused. These two witnesses had no enmity against the accused. The learned trial Judge did not place reliance on the evidence of P.W. 7 Faqir Muhammad. I have gone through his statement and find that the conclusion arrived at by the learned trial Judge regarding this witness was correct. The house of Faqir Muhammad P.W. was at some distance from the place of occurrence. It was stated by him that he first went to the house of Abdul Rehman P.W. and then they both went to the place of occurrence. While going to the house of Abdul Rehman P.W. the complainant had to pass from near the house of Razzaq P.W. where this occurrence took place. It, therefore, does not appeal to reasons that Abdul Salam accused would have kept waiting for the arrival of this witness to commit the murder of Mst. Siddiqan deceased. It is admitted by Faqir Muhammad that the house of his brother was close to his house but in spite of that he did not ask his said brother to accompany him to the place of occurrence. The occurrence took place at about Sehriwela when many other persons of the village must have awakened to have their Sehri meals. No one of them was cited as witness in this case. It is not known from evidence on record as to at what time Abdul Salam accused allegedly left the cot in the house of Faqir Muhammad P.W. There is no evidence as to where Abdul Salam accused spent his time after leaving the house of Faqir Muhammad P.W. till the present occurrence. I, therefore, exclude the evidence of P.W. 7 Faqir Muhammad from consideration against the accused. Abdul Razzaq P.W.8 is a uterine brother of Abdul Salam accused. It is in evidence and also admitted by Abdul Salam that he was residing with his brother since before this occurrence though he stated that at the time of occurrence he was not there. The fact that both brothers were residing together clearly indicate that they did not have strained relations between themselves. It appears that Mst. Srddiqan Bibi wife of Abdul Razzaq P.W. 1 taunted Abdul Salam accused on account of which he felt annoyed and committed her murder. It was admitted by Abdul Razzaq P.W. that he used to sleep some time in his house and some time in the shop where he was employed. This admission would not mean that Abdul Razzaq P.W. was not present in his house at the time of occurrence. If he had specified the days on which he slept at his house and at the shop, then of course, it could have been urged that he was sleeping in the shop and did not see the occurrence. In the instant case the days have not been specified. As such it could not be said that Abdul Razzaq P.W. at the time of occurrence was sleeping at the shop and not in his own house. He was a natural witness. I do not find anything on record of this case to disbelieve him. He made consistent statement to support the prosecution case. The accused was arrested on I 1-6-1985. He on 12-6-1985 led to the recovery of blood-stained Chhuri P.6 in presence of his brother Abdul Razzaq P.W.8 and Abdul Hameed P.W.

9. Both these witnesses had no enmity to falsely involve Abdul Salam accused in this case. Abdul Hameed P.W. was Lumbardar and resident of the same village. The Chhuri was got recovered by the accused from near a Kikar tree. The presence of Chhuri at the place of recovery was within his special knowledge. In my view the recovery of Chhuri P.6 is fully proved on record of this case and it provides corroborating evidence to the statement of Abdul Razzaq P.W.8. I have also examined the question as to whether the accused can be held guilty of intentional murder or not. The accused did have motive to murder Mst. Siddiqan Bibi. He gave one fatal blow on her neck, a vital part of the body. I, therefore, conclude that Abdul Salam accused was guilty of intentional murder. His case is not covered by any of the exceptions.

6. In view of the above discussion I find no merit in this appeal which is accordingly dismissed. The conviction and sentence of Abdul Salam accused is maintained. The appellant will be informed of the result of this appeal in prison. S.G.D:/A-82/L Appeal dismissed.