1986 P Cr (PLP)

(1) Cut wound 5 c.m. long cutting through the whole thickness of right ear. (2) Cut wound 5 c.m. x 1 c.m. on the right mastoid. Mastoid wound was cut through. (3) Three cut wounds on the right side of neck. Measuring 6 c.m. x 2/3 c.m. x muscle deep to 11 c.m. x 1 c.m x muscle deep. Carodid and juglar blood vessels were cut through.; (4) Four superficial cut wounds on the right side of neck measuring 8 c. m. each. In the opinion of the doctor, death was due to shock and haemorrhage resulting from injury No.

3. The injuries were ante‑mortem and sufficient to cause death in the ordinary course of nature. On the same day the same doctor examined Muhammad Latif P.W. and found the following injuries on his person: (1) Cut wound 3 c.m. x c.m. x skin deep outside the left eye. (2) Cut wound c.m. x 1/3 c.m. x skin deep on left upper eyelid. Eyes were swollen bulging out and pupils not reacting to light. (3) Cut wound 5 c.m. x 1 c. m. x bone deep left side of chin. (4) Cut wound 4 c.m. x c.m. x skin deep top of head. (5) Cut wound 5 c.m. x c. m. x skin deep back of right hand. (6) Cut wound 3 c.m. x c.m. x skin deep in front of left leg. Injuries Nos. 2 and 3 were kept under observation and the rest were simple. All the injuries were fresh and caused by sharp weapon. According to the doctor, there was no final report about the injuries which were kept under observation.

5. In support of its case the prosecution examined thirteen witnesses in all. Mst. Raqia P.W. furnished the ocular account of the assault on Habib deceased. Muhammad Ali P.W. 4 and Latif P.W. 12 furnished ocular account of the second incident in which the latter was injured. The prosecution also relied on the evidence relating to motive and recovery of Tokee.

6. The appellant pleaded not guilty to the charge and denied the prosecution allegations against her When asked whether she had anything else to say, she made the following statement:‑ "I am innocent. There was a dispute over a Watt between the deceased and Abdullah P.W. Latif P.W, also favoured Abdullah P.W. because the wife of Hanif P.W. the son of Abdullah complainant and wife of Latif P.W. are real sisters The dispute arose between them over a Watt on the night of occurrence where Latif, Abdullah and Hanif P.Ws. caused the murder of the deceased. I got no relative in the village nor I belong to the caste of deceased and P.W. For this reason I have been falsely implicated in this case." No evidence was led in defence.

7. The learned trial Judge accepted the prosecution evidence and convicted and sentenced the appellant as mentioned above.

8. The learned counsel for the appellant contends that it was an un-witnessed occurrence and Mst. Salamat Bibi had been made scapegoat; there was no occasion for Mst. Raqia to have gone to the place of occurrence at 2 a.m. and in any case her conduct was so unnatural that It leads to the only conclusion that she was not present at the spot. He has also assailed the evidence of Muhammad All and Latif P.Ws. He submits that Latif suffered injuries while sleeping at the hands of some unknown culprit and the appellant has been falsely implicated due to enmity.

9. Mst. Raqia P.W. 10 is the only witness of the first incident in which Habib deceased was murdered. According to the F.I.R., the occurrence took place at about 2 a. m. Mat. Raqia stated that her husband Abdullah complainant came back from the Dhari of Habib deceased at mid‑night. An hour later she left towards the field to ease herself when she saw the accused giving Toka blows to the deceased. Thereafter she left towards her own Dhari and informed her husband who accompanied her to the place of murder. Habib deceased succumbed to his injuries when both of them reached the spot and then they raised hue and cry attracting their son Hanif P.W. 1 agree with the learned counsel that the conduct of Mst. Raqia was highly unnatural. It is very strange that on seeing the deceased being butchered she did not raise any hue and cry but quietly left for her Dhari and informed her husband who, too, did not raise any alarm on getting information that A his brother had been slaughtered by the accused. He, too, quietly accompanied his wife to the place of occurrence and when the deceased expired they raised hue and cry attracting only Hanif, their son. It is in the statement of Mst. Raqia that her three sons namely Asghar, Rashid and Ali Akbar were also sleeping at the Dhari from where Hanif had come to the spot. Strangely enough, she gave out that they did) not wake up on her hue and cry and kept sleeping till sunrise. The version narrated by her is highly unnatural and does not ring true. Had she seen the accused giving blows to the deceased she would have at once raised alarm attracting all the members of her family who were sleeping just at a stones throw distance. Again, her husband would not have taken more than a few minutes to reach the spot in her accompany. He could conveniently call his grown‑up sons who were sleeping nearby and followed the accused in order to apprehend her. She was a woman and was not armed with any firearm. By the time the complainant accompanied by his wife reached the place of murder, the accused would not have gone out of sight. Mst. Raqia claims to have seen the occurrence from a distance of 20 Karams in the moonlight. She could not tell if Habib deceased had raised cries after receiving the first Toka blow or had moved his neck right or left. The above facts and circumstances create a serious doubt about the presence of Mst. Raqia at the spot and there is every possibility that the murder had gone un witnessed and was disovered later on.

10. As far the assult on Muhammad Latif P.W., the prosecution version is supported by Muhammad Latif injured and Muhammad Ali P.W. Muhammad Latif P.W. stated that on receiving the Tokee blow on the head from Mat. Salamat Bibi he woke up and raised alarm attracting Muhammad Ali P.W. and given up P.W. Hanif, who apprehended her and snatched the Tokee from her. Muhammad Ali P.W has corroborated him. This witness is not related to Muhammad Latif P.W. and had no enmity with the appellant. The charge under section 307, P.P.C therefore, stands fully established.

11. For the foregoing reasons the conviction and sentence of the appellant under section 302, P.P.C. is set aside and she is acquitted of that charge. Her conviction under section 307, P.P.C. is, however, maintained. She was arrested on 18‑5‑1981 and was convicted on' 18‑1‑1984. Throughout this period she remained in jail as under‑trial prisoner. After her conviction she has served out for about 1‑3/4 years. In the circumstances, I feel that the sentence of imprisonment already undergone by her is sufficient to meet the ends of justice and I order accordingly. The appellant appears to be destitute as she could not engage a counsel in the trial Court. The sentence of fine is, therefore, set aside. She will be set at liberty forthwith if not required to be detained in any other case. The appeal stands disposed of accordingly. H.A.K. Appeal partly accepted.