1986 P Cr (PLP)

2. About 6/7 months before the occurrence in this case, Mst. Zohra (deceased) lost a goat. She suspected Shahamand of its theft. A day before the occurrence, she asked Shahamand to take oath and clear his position, upon which, they exchanged abuses and on the following morning (12‑9-1983) at Fajar prayer time, Shahamand, avenged the insult by inflicting stick blows on her head which was witnessed by Dara and her son Allah Bakhsh. Mst. Zohra died at the spot. Shahamand fled away with the stick. P.W. 8 Dara proceeded towards the police station but met with P.W. 10 Fazal Elahi S.I. at Jalla Mor and made statement Exh. P.B. to him on the basis of which formal F.I.R. Exh. P.B./1 was registered at Police Station Tandlianwala same day at 9.30 a.m. The Police Station is situated at a distance of 23 k.m. from the place of occurrence. The S.I. then went to the place of occurrence, prepared the necessary documents and sent the dead body for its post‑mortem examination.

3. P.W. I Dr. Ahmad Saeed M.O., Civil Hospital, Tandlianwala on 13‑9‑1985 at 7 a.m. held the autopsy on the dead body of Mst. Zohra and found the following injuries on her head:‑ "(1) A lacerated wound 7 c.m. x 2 c.m. scalp deep left side of forehead. (2) A lacerated wound 8 c.m. x 2 c.m. bone deep left side of head 3 c.m above hair margin. (3) A lacerated wound 5.c.m. x 2 c. m. scalp deep left side of head 8 c.m. from left ear. (4) A lacerated wound 4 c.m. x 1 c. m. scalp deep left side of head, 2 c.m. back to injury No. 3." In his opinion, death occurred due to shock and haemorrhage caused by the injuries to the brain. All injuries were collectively enough to cause death in the ordinary course of nature.

4. P.W. 7 Javed Anwar, S.H.O., Police Station Tandlianwala arrested Shahamand on 14‑9‑1983 and on 16‑9‑1983, the accused led to the recovery of blood‑stained stick P.3, from behind an iron box lying in his house which was taken into possession through memo Exh. P.E. attested by P.W. 6 Dara, P.W. Muhammad Aslam (not produced) besides the investigating officer. After completing the investigation, the accused was tried in due course.

5. In his statement at the trial, he denied guilt and ascribed the case to enmity. He led no evidence in defence.

6. Relying on the evidence of the eye‑witnesses and that of the recovery, trial Court found the appellant guilty.

7. In this jail appeal, I was assisted by Mr. Muhammad Sharif Butt, Advocate, who appeared on behalf of the State. I have gone through the record and grounds of appeal submitted through jail. In his grounds of appeal, he took up the position that in fact Mst. Zohra was murdered by her brother Dara because he had seen her in a compromising position with someone. It may be mentioned at the outset that in the lengthy cross‑examination of the eye‑witnesses, this defence was never suggested. No doubt P.W. Allah Bakhsh is deceased's son. On the other hand, he is a natural witness because he lived with his mother. P.W. 6 Dara had come with Aslam (not produced) to plough A the land situate near the place of occurrence. Defence has not been able to establish that Dara had no cultivation near the place of occurrence. The eye‑witnesses are also related to the accused. P.Ws. Allah Bakhsh and Dara the two witnesses have fully corroborated each other. I see no reason why they should substitute the accused for the real culprit. The case is overwhelming against the appellant. His appeal is, therefore, dismissed.

8. In so far as the question of fine is concerned the accused is a pauper and has not even been able to engage a counsel for his defence. I, therefore, reduce the fine to Rs.200 and in default to suffer 3 months' R.I. The compensation is reduced to Rs.500 in default to six months' R.I., further. S. A. Appeal dismissed.