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Criminal Miscellaneous No. 811 of 1969, decided on 23rd June 1975.

‑‑‑-S. 302/149‑Witness‑Evidence, appreciation of‑First Informa tion Report recorded at spot after deliberations and consultations Occurrence although witnessed by whole village abadi yet none except interested witnesses cited as witnesses of occurrence Convictions and sentences set aside, in circumstances.‑[Evidence Witness].

‑‑‑-S. 302 read with S. 300, Exception I‑Grave and sudden provocation‑Accused, on his own showing killing both his wife and her paramour on seeing them in a compromising position which fact further corroborated by Chemical Examiner's report showing vaginal swabs as semen stained‑Conviction under S. 302, P. P. C. altered to one under S. 304, Part I, in circumstances. [Grave and sudden provocation).

M. Anwar for Appellants.

Nemat Khan for A.‑G. for the State.

Dates of hearing : 14th and 15th November 1974.

(1) Zore Khan (40), (2) Sher Ali (31), (3) Ali Muhammad (51), (4) Qasam Ali (46), (5) Saadullah (53), (6) Muhammad Khan (43), and (7) Muzaffar Khan (35), residents of Mauza Potha Dakhli Kund, Tehsil Khushab, District Sargodha, stood their trial before the learned Additional Sessions Judge, Sargodha, under section 148, P. P. C., for committing rioting, under section 302/149, P. P. C., on two counts, for the murder of Shah Muhammad and Mst. Jawahar Khatun, under section 452/149, P. P. C., for committing house trespass and under section 323/ 149, P. P. C. for causing simple injuries to Dost Muhammad, Ata Muhammad and Mst. Malkani P. Ws. The learned trial Judge vide his judgment dated 6‑10‑1969, convicted the appellants under section 148, P. P. C. and sentenced each of them to suffer R. I. for one year, under section 302/149, P. P. C. on two counts and sentenced each of them to suffer life imprisonment, on both counts, under section 452/149, P. P. C., sentenced each of them to suffer R. I. for one year and under section 323/149, P. P. C. sentenced each of them to suffer R. I. for six months. All the sentences were directed to run concurrently. They have appealed against their convictions and sentences.

2. Briefly the prosecution case as stated by Ata Muhammad (P. W. 10) in his statement (Exh. P. A.), recorded by S. I. Fida Hussain (P. W. 15), at 12‑30 p.m. on 20‑7‑67 and the formal F. I. R. (Exh. P. A/1) was recorded by H. C. Said Rasul (P. W. 5) at Police Station Khushab, at a distance of 27 miles from the spot, as follows: Mst. Jawahar Khatun, sister of Ata Muhammad P. W. was married to Zore Khan appellant about 11 years ago and in exchange Mst. Bevi, sister of Zore Khan accused, was married to Muhammad Afzal, brother of the complainant. About eight years prior to the present occurrence the relations between the married women became strained with their husbands and both came to the houses of their parents. Zore Khan appellant suspected that Mst. Jawahar Khatun had illicit relations with Shah Muhammad deceased. This is the motive alleged.

On the day of occurrence after sunrise the complainant along with Muhammad Yar (not produced), Muhammad Azim (P. W. 13) and Shah Muhammad deceased left for Nowshera Hospital to enquire about the health of one Muhammad Ashraf lying injured there. When they had covered a distance of about 65 karams from the village and bad reached the place known as Toka Chashma, all the seven accused challenged them. Sher Ali, Saadullah, Muhammad Khan, Zore Khan and Muzaffar Khan accused: were armed with a gun each and Ali Muhammad and Qasim Ali were empty handed. The accused armed with guns opened fire. The complainant, Muhammad Azim P. W. and Muhammad Yar (given up) ran towards different directions. Shah Muhammad deceased was however overtaken. Ali Muhammad and Qasim Ali accused ran after him. The accused armed with guns fired at Shah Muhammad deceased who fell at some distance. Then all the accused fired more shots at Shah Muhammad and killed him. Ata Muhammad complainant and Muhammad Azim P. W. ran towards the house of the former and shut them inside the kotha. Mst. Malkani (P. W. 11), her daughter Mst. Jawahar Khatun deceased and Mst. Nasim Akhtar (P. W. 14), daughter of Mst. Jawahar Khatun deceased, also entered the Kotha, which was closed from inside. Dost Muhammad (P. W. 12), father of Mst. Jawahar Khatun, also reached the courtyard where the accused were also present. The accused persons broke open the door of the kotha and dragged out Mst. Jawahar Khatun deceased and took her near the dead body of Shah Muhammad deceased where she was done to death by Zore Khan and Sher Ali accused. The complainant tried ro rescue his sister Mst. Jawahar Khetun but he was injured by Muhammad Khan accused. Mst. Malkani P. W. Dost Muhammad P. W. were also injured by the accused persons. After murdering Mst. Jawahar Khatun both the dead bodies were placed together.

The complainant after the occurrence contacted Gul Muhammad, uncle of Shah Muhammad deceased, and they both boarded a bus and left for Police Station, Khushab but on the way at Khaliqabad they met S. I. Fida Hussain who recorded the statement of the complainant, as stated above.

3. The Sub‑Inspector after recording the statement (Exh. P. A.), sent the same to the Police Station, Khushab where formal F. I. R. was registered, as stated above. He himself proceeded to the spot and there prepared the injury statement and inquest reports in respect of both the deceased and then sent the dead bodies to the mortuary under the escort of F. C. Muhammad Khan. The Sub‑Inspector found three empty cartridges (P. 16 to 18) at the spot which he scured vide different memos. He also took into possession five pellets from the spot.

4. Dr. Shahid Hussain Bokhari, Medical Officer, Civil Hospital, Khu shab, on 21‑7‑1967 at 9 a.m. conducted the post‑mortem examination on the dead body of Shah Muhammad and found as many as eleven gunshot injuries (both entrance and exit), two multiple abrasions and one lacerated wound.

The death in the opinion of the doctor was due to destruction of brain and injury to spinal cord aggravated by shock and haemorrhage, as a result of injuries 1, 9 and 10 which were grievous in nature also. Injuries 5 and 11 were also grievous and the rest simple. Probable time between injuries and death was instantneous and between death and post‑mortem was about 26 hours.

The same doctor, the same day at 11 a.m. conducted the post‑mortem examination on the dead body of Mst. Jawahar Khatun and found as many as 17 injuries on her body of whom four were gunshot injuries, one super ficial lacerated wound and eleven injuries were multiple abrasions or abrasions.

The death in the opinion of the doctor was due to shock and haemor rhage as a result of injury No.1 which was sufficient in the ordinary ocurse of nature to cause the death. This injury was grievous and the others simple but all were anti‑mortem. Probable time between injuries and death was half an hour and between death and post‑mortem was about 28 hours. Vaginal awabs of Mst. Jawahar were found stained with semen.

5. The doctor also medically examined Dost Muhammad, Ata Muhammad and Mst. Malkani P. Ws. and found simple injuries on their persons.

6. The investigating officer arrested Zore Khan, Ali Muhammad, Muzaffar Khan, Saadullah Khan and Qasim Ali appellants on 22‑7‑1967 while Muhammad Khan was arrested on 17‑8‑1967 by A. S. I. Ghulam Rasul (not produced). Muhammad Khan appellant was handed over to A. S. I. Rafiq Ahmad (P. W. 9) on 18‑8‑1967. Muhammad Khan accused got recovered gun (P. 13) on 9‑8‑1967 vide recovery memo. Exh. P. F. which was attested by Sherbaz (P. W. 8) besides the A. S. I. and Sher Din (given up). Sherbaz is a relation of Shah Muhammad deceased. The guns (P. 1 and P. 2) were got recovered by Zore Khan and Muzaffar Khan on 20‑7‑67.

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