Find a Lawyer

Criminal Appeal No. 244 of 1977, decided on 22nd February, 1982.

(On appeal from the judgment dated 25‑10‑1978 of the Lahore High Court, Bahawalpur Circuit, Baghdad‑ul‑Jadid in Cr. A. No. 29/74/ BWP & M. Ref. 9/76/BWP).

---S. 302 read with S. 300, Exception 1‑[Murder‑case]‑Grave and sudden provocation‑Appellant living as khana damad with his parents in‑law, suspected of having stolen jewellery of daughter in law of deceased, his father‑in‑law, and deceased alleged to have asked him to return jewellery otherwise he would report matter to Police Appellant going away to irrigate his fields and on his return to house killing his father‑in‑law, mother‑in‑law and his own wife at night while all in sleep‑Occurrence witnessed by natural witnesses and accused appellant admitting to have killed three deceased before committing Magistrate and trial Court but raising plea of grave and sudden provocation alleging to have seen his deceased wife in a compromising position with prosecution witness another son‑in‑law of deceased‑Contention that wife of appellant having not been wearing any shirt at relevant time but wore only a loin‑cloth and prosecution witness having been lying on a cot adjoining her cot and on appellant's arrival his father‑in‑law and mother‑in‑law having tried to alert such two persons his parents‑in‑law stood party to dishonorable act of his wife and as such he killed them on grave and sudden provocation‑Held : Although contention that prosecution witness's presence in a house at night and his lying on cot near cot of appellant's wife and wife being practically naked could have given appellant grave and sudden provocation but absolutely no excuse existed for his having also committed murder of his parents‑in‑law Suggestion as to appellant's parents having been keeping guard over couple indulging in immoral activities and medical evidence having shown both such persons having been, killed while lying down cannot lead to interference with sentence under S. 302, P. P. C as far as murder of appellant's parents‑in‑law concerned but plea of grave and sudden provocation acceptable in so far as murder of appellant's wife concerned‑Appellants in circumstances convicted under S. 304, Part 1, P. P. C. for murdering his wife but convicted under S. 302 and sentenced to death for murder of his parents‑in‑law‑Constitution of, Pakistan (1973), Art. 185(3).‑[Grave and sudden provocation].

Riaz Ahmad Pirzada, Advocate Supreme Court for Appellant.

Nemo for the State.

Date of hearing : 22nd February, 1982.

This appeal by leave of this Court granted in a Jail petition is directed against the judgment of the Lahore High Court passed on 25‑10‑1976 disposing of Criminal Appeal No. 20‑74/BWP and Murder Reference No. 9‑76/BWP, whereby the death sentence passed, on Nawab appellant was confirmed.

The appellant Nawab had admittedly committed the triple murders of his father‑in‑law Rana, his mother‑in‑law Mst. Daulan and his wife Mst. Zaina on the night between the 12th and 13th August, 1972 more probably in the early hours of the 13th August and had been convicted under section 302, P. P. C. on all three counts and sentenced to death.

The facts of the case have been set out in detail in the judgment passed by the learned Additional Sessions Judge Rahimyar Khan dated 25‑2‑1978 and in the judgment of the High Court dated 25‑10‑1978 and need not be repeated here. The only question to be examined by us in this appeal is whether there is any force in the plea of the appellant that these murders were committed under grave and sudden provocation and whether the sentence imposed upon him requires any, interference.

The appellant was living as a Khana‑damad with his parents‑in‑law and three or four days prior to the murders was suspected to having stolen the jewellery of Mst. Nooran P. W. daughter‑in‑law of Rana deceased. Murad was the husband of Mst. Nooran and was an army Jawan and was away on duty. Mst. Nooran was, however, living with her parents‑in‑law. Rana deceased had asked the appellant to return the ornaments otherwise he would report the matter to the Police. According to the prosecution it was the above threat held out by Rana deceased that constituted the motive for the appellant to kill his father‑in‑law, his mother‑in‑law and his wife Mst. Zaina after he returned to the house after irrigating the fields on the fateful night, while all his victims were sleeping.

In support of his case, the prosecution examined two eye‑witnesses, Sona P. W. 7, who lodged the F. I. R. and the other son‑in‑law of the deceased. He was a resident of the same village Chak No. 135/1‑L. He explained his presence in the house of his parents‑in‑law on the fateful night by claiming to have visited the house of his parents‑in‑law for fetching a pair of bullocks but on the request of Rana deceased slept at their house and thus had an opportunity to witness the occurrence. Mst. Nooran was already residing in the house and her presence at the spot was altogether natural. According to the above two eye‑witnesses the appellant returned to the house in the early hours of the 13th August after irrigating the fields, placed the lantern which he carried on the wall and dealt kassi blows to his father‑in‑law and mother‑in‑law in succession of killing them at the spot. His wife Mst. Zaina was wearing only a chadar and on her refusal to dress herself and accompany him was also killed by the appellant.

The appellant both before the committing Magistrate as well as the Additional Sessions Judge admitted to have killed the three deceased but raised a plea of grave and sudden provocation alleging that he had seen his deceased wife in a compromising position with Sona P. W. The above plea was rejected by the Courts below and the death sentence awarded to him which was confirmed by the High Court.

We have reviewed the evidence again with the help of the learned counsel for the appellant. He has argued that at the relevant time Mst. Zaina wife of the appellant was not wearing any shirt and was wearing only a loin‑cloth and Sona P. W. was lying on the cot adjoining her cot and when the appellant returned from the fields Rana father‑in‑law and Mst. Daulan mother‑in‑law tried to alert Mst. Zaina and Sona about his arrival and thus, were privy to the dishonorable act of Sona of having sexual relations with his wife. With regard to the plea that on chemical examination the Chemical Examiner detected no semen stains on the vaginal swabs of Mst. Zaina which would apparently rule out the possibility of her having slept with Sona P. W. It is argued that the vaginal swabs of Mst. Daulan deceased, a sixty years old lady, were found to be stained with semen which was rather an unusual phenomenon as her husband Rana was 72/75 years old and there were indication in the evidence that the vaginal swabs of the deceased got mixed up in the office of the Chemical Examiner.

We have carefully considered the plea of the learned counsel for the appellant and although we may be prepared to accept his contention that Sona's presence in the house at night and his lying on the cot near the cot of Mst. Zaina, who was practically naked could have given him grave and sudden provocation but there was absolutely no excuse for his having also committed the murder of Rana deceased his father‑in‑law and Mst. Daulan his mother‑in‑law. We are not inclined to accept the suggestion that they were keeping guard over Mst. Zaina and Sona while they were indulging in immoral activities because the medical evidence shows that both Rana and Mst. Daulan were killed while lying down and were in all probability asleep when Nawab appellant returned to the house. In these circumstances the conviction of Nawab for the murder of Rana deceased father‑in‑law and Mst. Daulan mother‑in‑law under section 302, P. P. C. cannot be interfered with.

The result is that we would accept the plea of the appellant that h killed Mst. Zaina under grave and sudden provocation and, therefore, hi conviction under section 302, P. P. C. on that count is not tenable. We would, therefore, convict him for her murder under section 304, Part I, P. P. C. and sentence him to seven years' R. I. on that count. However, the convic tion of the appellant under section 302, P. P. C. for murdering Rana deceased and Mst. Daulan is not liable to any interference and we would, accordingly, maintain his conviction and sentence of death passed on him for the aforesaid murders.

The overall result is that the appellant's sentence of death is maintained.

Appeal dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.