1969 PLP 618 (SCMR)

Ghias Muhammad, Advocate Federal Court instructed by Iftikharuddin, Attorney for Respondent. Date of hearing : 13th October.1955. SHAHABUDDIN, J.‑This is an appeal by special leave from the judgment of the Court of Jadicial Commissioner, N.‑W. F. P. by which the convictions of the appellants under section 302 read with section 34, P. P. C. and sentences of death imposed on them were confirmed and their appeal was dismissed. The case for the prosecution was that on 5th June 1953, Mst. Paighal Jan, a girl aged about 16‑17 years whom the second appellant had married went to her mother's house without his permission On her return the second appellant beat and tied her to a pile in a room where she remained in that condition the whole night. Next morning the second appellant gagged her and the first appellant brought boiling water in a degcha and poured it on her with a Iota, as a result of which she sustained extensive burns. After this outrage was committed she was untied and then the appellant left the kotha. The Sub‑Inspector hearing of this occurrence from some of the boys of the locality went to the house of the appellants, recorded the statement of the unfortunate girl and sent her to the hospital where she remained till the 26th June. Then her mother took her home but brought her on the 2nd July 1953, back to the hospital where she died on the 11th September 1953. Direct evidence of the occurrence was the deposition of the deceased before the Committing Magistrate which during the trial was admitted under section 33, Indian Evidence Act, as she was by then dead. There was also the evidence of the mother of the appellants brought on record under section 288, Cr. P. C. to the effect that when she entered the room hearing the cries of the deceased the latter said that while the second appellant held her the first appellant poured over her boiling water. It was also in the evidence of this witness that the appellants confessed to her that they were guilty. The appellants denied the charge but did not examine witnesses. There was thus clear evidence on which the Courts below accepted the case for the prosecution, and in fact special leave was granted only for the consideration of the question whether the act of the appellants amounted to murder or an offence lesser than that. The post‑mortem examination revealed that death was due to exhaustion caused by inflammation of intestines and of kidney resulting from absorption of toxics of suppuration from the burnt parts of the body. P. W. 3 who held the autopsy and also attended on the deceased before her death was definite that death was the direct result of burns, caused by pouring boiling water on her. But relying on the circumstance that for one week the deceased had been taken away by her mother and her admission that she applied henna during that period, it was contended on behalf of the appellants that death might have taken place owing to some secondary infection caused by the 'application of the henna. But this suggestion was not put to P. W. 3 who had treated the deceased after she returned from her mother's house. If there was a new complication such as secondary infection P. W. 3 would have noticed it; but her evidence indicates that there was no such complication. Her evidence is that when the deceased was readmitted into the hospital her condition was the same as when she went to her mother's house on 26th June. We, therefore, consider that the finding of the learned Judges that the appellants ware guilty of the offence of murder is correct. During the arguments we were told that the Provincial Government had commuted the sentences into those of transportation for life. We see no reason to interfere and dismiss the appeal. Appeal dismissed.