1989 P Cr (PLP)

(3) Incised wound 1" x " on front of head, 2‑1/2" from the hair‑line, cutting the bone below it. (4) Incised wound 2" x " on the top of head 4" from the hair‑line. (5) Incised wound 2‑1/3" x " on the top of head slightly towards the left side of head 6"from the left ear. (6) Incised wound 2" x " on back of head 5" from the right ear. Bone was cut below injuries Nos.4, 5 and 6. (7) Contused swelling 4 x 3 on right cheek. Dissection below injuries Nos. 3, 4, 5 and 6 revealed that there was fracture of corresponding bones of he scalp that was parietal, frontal, temporal and occipital bone. Clotted blood was present in brain substance.

6. In the opinion of the doctor, the death had occurred due to cumulative injuries Nos.1, 2, 3, 4, 5 and 6 which led to excessive bleedings internal and external, shock and brain were damaged, which were sufficient is ordinary course of nature to cause, death. The injuries were ante‑mortem and were caused by sharp-edged weapon besides injury No. 7 which was caused by blunt weapon Time between injuries and death was immediate while between dr4ith and post- mortem examination was 19‑30 hours.

7. The Serologist opined vide his report, Exh.P.N., that the earth, Kassi and clothes of the accused, Hayat, were stained with human blood.

8. The appellant was examined under section 342, Cr.P.C. He denied the allegations of the prosecution and he narrated a different story. He stated that her" had seen Mst. Aisha, deceased, in compromising position with Nawaz in the cotton crop and under grave and sudden provocation he killed Mst. Aisha, deceased and Nawaz ran away from the spot.

9. Sher Ali F.C. (P.W.1) delivered the said sealed parcels of this case intact in the office of the Chemical Examiner, Lahore which were given to him by Mazhar, Moharrer of the police station.

10. Mazhar Hussain Shah M.H.C. (P.W.2) on 21‑9‑1986 at 4‑15 p.m. on the basis of complaint Exh.PA. recorded formal F.I.R. Exh.PA./1. On 25‑9‑1986 Fida Hussain Shah S.I. had given him two sealed parcel containing blood‑stained earth and two sealed parcels containing blood‑stained Kassi and clothes. He had placed the same in the Malkhana intact. On 27‑9‑1986 he had given the said four sealed parcels to Sher Ali F.C. for onward delivery in the office of the Chemical Examiner, Lahore intact.

11. Abdur Rehman P.W.3 escorted the dead body of the deceased for post- mortem examination, to the mortuary at Sargodha. Thereafter, he gave her last worn clothes, Shalwar Exh.P.1 and shirt Exh.P.2 to the Investigating Officer who took the same into possession vide memo. Exh.P.B. He attested the memo.

12. Ahmad Bakhsh, Patwari P.W.4 prepared the site plans Exh.P.C. and Exh.P.C./1 in the scale of 40 Karams equal to one inch.

13. Ghulam Muhammad P.W.5 stated that he joined the investigation of this case. He served tea to the police. Thereafter, they directed him to thumb‑mark the blank paper which he did. He was cross‑examined by the learned public prosecutor.

14. Ghulam Qadir P.W.7 brother of Mst. Hayatan P.W. stated that in his presence Hayat accused got recovered his blood‑stained clothes, Shalwar Exh.P.5 and shirt Exh.P.4 from a Bharola lying in his Kotha. The police took the same into possession vide memo. Exh.P.E. after making the same into a sealed parcel he attested the memo. pertaining to the same.

15. The learned Sessions Judge said in his judgment that the appellant had admitted having killed the deceased under grave and sudden provocation. But Mst. Hayatan (P.W.6) stated that he had killed the deceased intentionally as she was demanding from him the share of the land of her father.

16. The prosecution case, according to the F.I.R. was that the appellant had a suspicion that the deceased had illicit relations with Nawaz. Mst. Hayatan (P.W.6) had also stated before the police that the appellant suspected the deceased for having illicit relations with Nawaz, and for that reason he had killed the deceased. She had not stated before the police that the deceased demanded the share of her father's land from Hayat, appellant. Mst. Hayatan Bibi had categorically stated that the accused had killed Mst. Aisha in her presence by giving her Kassi blows.

17. I have heard the learned counsel for the State and have perused the record minutely.

18. This is a case of broad daylight murder, and the convict appellant had admitted to have murdered the deceased, Mst. Aisha. He had tried to set up the defence of grave and sudden provocation but miserably failed to substantiate and support the same in any manner whatsoever. In all the evidence on record, especially eye‑witness account and medico‑legal report and doctor's testimony belie his version that he had caught the deceased in a compromising position with Muhammad Nawaz. Here it may be pertinent to point out that in para. 6 of his; jail appeal he once again changed his version and now alleges that m fact it was Muhammad Nawaz who had committed the murder with the co‑operation of the eye‑witness, Mst. Hayatan (P.W.6). Therefore, the appellant is guilty of the offence under section 302, P.P.C. and has been rightly convicted of the same. The learned Sessions Judge has already taken into account the fact that the motive was covered in mystery and has not awarded him maximum penalty provided by law and has sentenced him under section 302, P.P.C. to undergo imprisonment for life, and to pay a fine of Rs.25,000 or in default to undergo R.I. for four years.

19. It may be pointed out that the State has not moved for enhancement of the sentence. Therefore, I am also of the view that the sentence already awarded meets with the ends of justice and does not call for any interference, and the sentence already awarded to the appellant is upheld. However, the appellant shall get the benefit of section 382‑B of the Cr.P.C. This appeal is dismissed. M.Y.H./M/1115/L Appeal dismissed