1989 PLP 2917 (MLD)

(12) Incised wound 2" x 1/2" M/D x OD right lower arm middle part. (13) Incised wound 3" x 1/4" x M/D x O/D over dorso lateral aspect right hand. (14) Incised wound 1/2" x 1/4" right upper arm lower lateral aspect x M/D x O/D. All the above injuries were ante-mortem." He has stated that in his opinion death was caused due to acute head injuries resulting from blow by sharp-edged heavy substance as Toka or axe etc. He found following 14 injuries on Mst. Alya daughter of appellant, who was about 15 years old-- (1) Incised wound 3-1/2 x 1/2" B/D left parietal region front and lateral side. (2) Incised wound 1-1/2" X 1/4" x M/D left parietal region medial aspect middle parts. (3) Incised wound 3" x 1/2" x M/D left parieto frontal region medial aspect x V/D. (4) Incised wound 4" x 2" x C/D over body of sternum and both sides into the front of chest in the fourth intercostal space in transverse direction. (5) Incised wound 3" x 2" x O/D over right scapular region into B/D. (6) Incised wound 1" x 1/2" x M/D over left scapular region over its upper border in transverse direction. (7) Incised wound 8-1/2' x 3" over right hypochondrium and right lumber region x C/D x O/D. (8) Incised wound 5" x 3" over left forearm upper half x O/D over its flexor and medial aspect x M/D. (9) Incised wound 4" x 3" left forearm and covering over its flexor medial and extensore surfaces x M/D in its middle and upper third. (10) Incised wound 2-1/2" x 1" x M/D on left forearm upper third of extensor surfaces. (11) Incised wound 1-1/2" x 1/2" x M/D over dorsal aspect right wrist x T/D. (12) Incised wound 1/2" x 1/4" x M/D upper part palmer aspect left little ringer middle phalynx. (13) Incised wound 3/4" x M/D lower part palmer aspect of left right finger middle phalynx. (14) Incised wound 3/4" x 1/4" x M/D lower part palmer aspect left middle finger middle phalynx. He also conducted post-mortem of a boy Tauseef aged 3 years and found following 2 injuries:- (1) Incised wound 4-1/2" x 1-1/4" x T/D over and cutting (fracture) of 11th thoracic vertebra at the back and on the both left and right sides of chest and abdomen respectively. Loops of small intestine were lying out on the abdomenal wall posteriorly. (2) Incised wound 1/2" X 1/4" x T/D and M/D on right side abdomen about 1" above umblicus and near the midline. All the above injuries were ante-mortem." The injuries on Alya and Tauseef were by sharp-edged heavy weapons and cause of death was due to the injuries as mentioned in the post-mortem report. Dr. Asudomal Khemani (Exh.33) examined the appellant on 9-8-1983 at 11-40 p.m. and found following injuries:- (1) "Incised wound 3" x 1/4" x skin deep x obliquely transverse in direction with tapering ends over the left hypochondrium. (2) Incised wound 1-1/2" x 1./4"'transverse in direction skin deep 1/2" below the injury No.1. (3) Incised wound 1/2" x 1/10" x vertical in direction epidirmis deep, connecting both incised wounds. (4) Swelling 1-1/2" x 1" over the right parietal region with three abrasion 1/4" x 1/4" size. (5) Contusion 2" x 1-1/2" over front of middle of left thigh." According to doctor injuries Nos. 1, 2 and 3 by sharp-edged weapons and could be self-inflicted while injuries Nos. 4 and 5 were result of hard and blunt substance. The injuries were simple in nature. P.W.9, Nazar Muhammad, the Additional City Magistrate, recorded the confession of appellant on 13th August, 1983. He has stated that he gave 2 hours' time to the appellant and repeated warnings that he is not bound to make confession in spite of that voluntarily made a statement which he recorded and finally remanded the accused to judicial confession. P.W.6 Kh. Nasir Ahmad (Exh.21) is the Investigating Officer. He has stated that on 9-8-1983 he was posted as S.H.O. Baghdadi Police Station. On that day Abdul Shakoor brought the appellant alongwith the other witnesses. He recorded his First Information Report (Exh.7) and arrested the appellant in their presence. He secured the blood-stained clothes, Toka and Chhuri in presence of Abdul Shakoor and prepared Mashirnama (Exh.9). He then proceeded to the place of incident, which was in the house of the appellant where he found dead bodies of a boy and the girl in the courtyard. The dead body of wife of the appellant was in the room. He recovered Toka and blood-stained Chhuri from the place of incident and also secured the blood from the Wardat and prepared Mashirnama. He prepared inquest reports (Exhs.17, 18 and 19) of Mst. Chaman, Alya and master Tauseef in presence of Mashir and sent the dead body to the Civil Hospital for post-mortem. He examined Baboo Rasheed, Yar Muhammad and Muhammad Nawaz, Muhammad Asif and Muhammad Jamil. The appellant was produced before the Additional City Magistrate for judicial confession. He has produced a chemical report as Exh.25.

6. I have heard Miss Wajahat Niaz, Advocate for the appellant. It is argued by the learned counsel that appellant has committed murder of Mst. Chaman under grave and sudden provocation as he found his wife in compromising position with one Shar. It is argued that he is liable to be convicted under section 304, P.P.C. Mr. M.A.I. Qarni, appearing for the State, has argued that case of the appellant requires leniency in sentence.

7. In this case, there is an overwhelming evidence against the appellant. Complainant Abdul Shakoor, Baboo Rashid, Yar Muhammad and Muhammad Nawaz are independent persons and they all have supported the case. They immediately went to the place of Wardat and found the appellant having Toka and Chhuri in both hands respectively. The dead bodies of Mst. Chaman, Alya and Tauseef were lying in the house. The appellant was caught red handed with blood-stained articles. He was taken to the police station by these independent witnesses. There is no reason to disbelieve their evidence. The blood-stained clothes were secured from the appellant. Crime weapons Toka and Chhuri were found at the place of Wardat and according to the report of Chemical Examiner these articles were stained with human blood. The medical evidence fully supports the ocular testimony furnished by 4 witnesses, From the medical evidence, it is apparent that appellant has committed 3 murders in cruel manner in his house. He gave confession and also admitted to have committed the murders in confession in 342, Cr.P.C. statement as well as in 340, subsection (2), Cr.P.C. statement recorded on oath.

8. The plea advanced by the appellant is that he found his wife in compromising position with one Shafi does not get support from any circumstances. Complainant and the witnesses rushed at the Wardat immediately and they were not informed about this situation. Had it been so, there was no reason for Abdul Shakoor not to disclose this fact in the F.I.R. He has admitted in his statement that blood-stained clothes were secured and complainant and others entered in his house while he was having Toka and Chhuri in his hand, but stated that he voluntarily took them to the police station. This is a case where appellant has also committed murder of his own daughter Alya aged 15 years and an innocent child, therefore, his plea of grave and sudden provocation is unbelievable and cannot be accepted. Learned Additional Sessions Judge has taken all the factors into consideration and it was argued by the learned counsel for the appellant that he is 70 years old. There may be mitigating circumstances under which he committed the murders; therefore, lesser sentence of imprisonment of life has been awarded. The case under section 302, Cr.P.C. against the appellant has been proved beyond reasonable doubt. The appeal, having no force, is dismissed. N.H.Q./M-768/K Appeal dismissed.