1990 P Cr (PLP)

Mst. Haseena alias Munni and 3 others v. Muhammad Ismail and another 1980 P Cr. L J 118 rer. Mahmood Ahmad Chaudhry for Petitioner. Muhammad Bashir for Respondents Nos.l and

2. M.D. Tahir for Respondent No.3. Date of hearing: 26th May, 1990. This Constitutional petition has been filed for seeking direction that a case be registered against respondent No.3 for murder of his wife i.e. the daughter of the petitioner.

2. According to the allegations the alleged offence of murder was committed at Karachi from where the dead body was brought by respondent No.3 to Kamoke which was handed over to the petitioner and was buried on 22-5-1989. On the application of the petitioner given to District Magistrate, post-mortem was conducted on the dead body on 6-7-1989 and according to opinion of the doctor, the death might have occurred due to asphyxia as a result of throttling. According to medical certificate issued by the hospital authorities at Karachi which has been 'shown to me by Muhammad Bashir S.I. Police Station Kamoke, District Gujranwala, the death of the daughter of the petitioner was caused by heart attack. The petitioner's prayer is that the case should be registered at Kamoke.

3. Learned counsel for the petitioner places reliance on sections 179 and 182 in support of his contention that since the dead body was brought at Kamoke for disposal with the intention to destroy evidence therefore, part of an offence shall be deemed to have been committed at Kamoke. I am afraid, the argument is devoid of any force. Neither section 179 nor section 182 are attracted to the facts of this case. The dead body was brought by respondent No.3 who accompanied the same at Kamoke and was delivered to the petitioner being the father who A buried the same at Kamoke. It was not a case where it could be said that the respondent No.3 destroyed the dead body after commission of an offence which could be construed as part of offence of murder. Learned counsel for the respondent No.3 has rightly argued on the strength of judgment reported as Mst. Haseena alias Munni and 3 others v. Muhammad Ismail and another 1980 P Cr. L J 118 that the case could be registered and investigated at Karachi.

4. This writ petition fails which is hereby dismissed with no order as to costs. The petitioner is at liberty to get the case registered at Karachi if he is so minded. The police authorities at Kamoke have proceeded under Rule 25(3) of B the Police Rules, 1934 and have sent the relevant documents to Superintendent of Police at Karachi who may take necessary steps for registration of case in accordance with law. S.A./K-274/L Petition dismissed.