Find a Lawyer

Criminal Appeal No.131 of 1982, heard on 19th September, 1984.

‑‑‑Ss.302 & 300, Exception 1‑‑Grave and sudden provocation, plea of‑ Evidence, appreciation of‑‑Accused aware of illicit relation between deceased, his sister and complainant, for over three months‑‑Accused also knowing location of complainant's house; entering into his house in his absence and murdering deceased by giving multiple Chhurri blows‑ Murder, held, committed in cold blood because accused had no cause to provoke him to murder his sister‑‑Conviction and sentence of imprison ment for life maintained, in circumstances.‑‑[Grave and sudden provo cation].

Appellant through Jail.

M. Sharif Butt for Advocate‑General for the State.

Date of hearing: 19th September, 1984.

Liaqat Ali was tried and convicted by an Additional Session: Judge of Faisalabad under section 302, P.P.C. for the murder of his sister Mst. Iqbal Bibi and sentenced to suffer imprisonment for life and to pay a fine of Rupees Four Thousand (Rs.4,000) or in default thereof to undergo further rigorous imprisonment for one year. The appeal (Cr.A.131 of 1982) preferred by Liaqat Ali convict is now before me for disposal.

2. The brief facts of the case are that the complainant, Muhammad Aslam P. W .6 , had developed illicit relations with the deceased, Mst. Iqbal Bibi, and some three months before the present occurrence the deceased eloped with the complainant and the complainant contracted marriage with her. Liaqat Ali accused, the brother of the deceased, felt annoyed over this. On 4‑8‑1979 at about 6‑30 p.m. Muhammad Aslam complainant P.W.6 was present in his shop, when he saw the accused entering his house, armed with a Chhuri. On seeing the accused, the complainant raised alarm and went running to his house. On entering his house, he found his wife, Mst. Iqbal Bibi, present in the courtyard and Liaqat, accused, causing Chhuri blows to her on various parts of her body. After the receipt of the injuries, the deceased fell down on the ground. The complainant's alarm attracted Abdul Hameed P.W.7 and Muhammad Ismail (given up P.W.). The witnesses and the complainant tried to overpower the accused, but he threatened them with dire consequences and escaped from the place of occurrence. The complainant left Abdul Hameed and Muhammad Ismail P.Ws. with the dead body and started towards the Police Post for informing the police. On the way, he met Ayyaz Hussain, A.S.I. P.W.10, who was present at Chowk Depot, Jhumra Road, Mansoorabad, Faisalabad, where the statement Exh. P.C. of the complainant was recorded by the A.S.I. On the basis of the complaint Exh. P.C. formal F.I.R. Exh. P.C./1 was recorded at Police Station, Civil Lines, Faisalabad, by Shamshad Ali Shah, S.I. P.W.4.

3. The investigating officer then proceeded to the spot, where, after preparing the necessary papers, he sent the dead body of Mst. Iqbal Bibi for post‑mortem examination. He also collected blood‑stained earth from the place of occurrence, which he took into possession vide memo. P.E.

4. On 5‑8‑1979 at 9‑15 a.m. Dr. Major Yousaf Ali P.W.1 performed the post‑mortem examination on the dead body of Mst. Iqbal Bibi, deceased and found twenty‑one stab wounds and nine incised wounds on various parts of her body. Both the lungs, the pleurae, the peritonium, the stomach and the intestines were found cut. The uterus was gravid and the foetus was about twelve weeks old. Death was due to shock and haemorrhage, as a result of most of the said injuries, which were found sufficient to cause death in the ordinary course of nature. Probable time between injuries and death was about half an hour and that between death and post‑mortem examination about fifteen hours.

5. The same day i.e. 5‑8‑1979, Liaqat Ali, accused, was arrested by Ayyaz Hussain, A.S.I. P.W.10. His Shalwar P.5 and shirt P.6, which were found blood‑stained, were taken into possession by the police officer vide memo. P.J. The said recovery was witnessed by Muhammad Tufail P.W.8 Wazir Ali P.W.9 and Ayyaz Hussain, S.I. P.W.10.

6. On 6‑8‑1979, the accused led to the recovery of a blood‑stained Chhuri P.4 from underneath an old bridge, which was taken into possession by the police vide memo P.F., in the presence of the same persons who had witnessed the earlier recoveries.

7. After completing the necessary investigation, the challan against the accused was sent up.

8. At the trial, the prosecution produced Muhammad Aslam P.W.6 to prove the motive, the said witness and Abdul Hamid P.W.7 in support of the ocular account, Muhammad Tufail P.W.8, Wazir Ali P.W.9 and Ayyaz Hussain, S.I. P.W.10 in proof of the recoveries and Dr. Major Yousaf Ali P.W.1 to corroborate the medical testimony.

9. The accused admitted that Mst. Iqbal Bibi, deceased, was his sister, but denied all the other accusations that were levelled against him, including the recoveries. However, he admitted the occurrence, in his statement under section 342, Cr.P.C. though in different circumstances. His explanation is as follows:‑

"Some two/three months before the present occurrence Mst. Iqbal Bibi deceased had left my house in a clandestine manner. Subsequently, I came to know that Mst. Iqbal Bibi was having illicit relations with one Muhammad Aslam and she had eloped with him. I had been searching my sister but I could not find any clue. On the day of occurrence I was passing the street per chance and found my sister Mst. Iqbal Bibi deceased present in a house. I asked her that she had disgraced the family and she should not have done so. She replied in a insulting manner and stated that she would do the same. At this I lost my self‑control and with a pocket knife which was with me caused injuries on the person of Mst. Iqbal Bibi as a result of grave and sudden provocation but unfortunately my sister died on account of the injuries.

Muhammad Aslam complainant P.W. was not present in the house at that time nor the alleged eye‑witnesses. The Mohallahwalas came to know of the occurrence and I narrated the entire story before them. The police was brought by the Mohallawalas and I kept sitting with the dead body of my deceased sister. I narrated the same story before the police and produced the pocket knife before the police, but the police subsequently summoned Muhammad Aslam complainant and recorded his statement. Instead of the knife which I had produced before the police the police planted a Chhuri only to prove the grave nature of the case and that I had gone to the house of the complainant with the intention to cause murder. The house of the complainant was known to me by face."

10. The learned trial Judge, in view of the statement of the accused, found on the basis of the evidence on the record that the defence story was untrue and that the accused had murdered his sister. He accordingly convicted and sentenced him, as stated in para. 1 above.

11. This is a Jail appeal. Mr. M. Sharif Butt, Advocate, has appeared for the State. With his assistance, the oral and documentary evidence has been read. The appellant admits having murdered his sister, in his statement under section 342, Cr.P.C., as recorded in para. 9 above. He does not admit the marriage of the deceased with the complainant, Muhammad Aslam P.W.6. The prosecution version is furnished by Muhammad Aslam P.W.6 and Abdul Hameed P.W.7 the story given by them stands already reproduced in para. 2 above and need not be repeated. The only question, therefore, that arises is whether, after keeping in juxtaposition the case of the prosecution and that of the defence, the evidence on the record conclusively proves the case of the prosecution to the hilt, or reasonably leads to the inference that the defence version is true or reasonably probable. The prosecution version as given by Muhammad Aslam P.W.6 is that Liaqat, accused and his sister, Mst. Iqbal Bibi, deceased, used to live in the same house in Railway Colony, Phatak No.8, Faisalabad, where he had developed illicit relations with the latter and that three months before the occurrence he had abducted the deceased, married her and begun to live with her in his house in Rauza Park. He stated in cross examination that he had married the deceased on the same day she had eloped with him, that the said marriage was performed in Saddar Bazar Mansoorabad and that he had produced the statement of the deceased, which was recorded by a Brig. who was an honorary Magistrate, and the Nikahnama before the police. The note of the Court recorded next to this evidence shows that neither the said statement nor the Nikahnama were available with the challan. The appellant admits almost all these facts, except the fact that the deceased was married to the complainant or that he knew where she was residing after she was abducted by the complainant. However, in his statement under section 342, Cr.P.C., at the very fagend thereof, he admits that the house of the complainant was known to him by face. This shows that he knew the house of the complainant much before the occurrence. As regards his denial about the deceased's marriage with the complainant, certain questions put on behalf of the appellant to the complainant in cross‑examination clearly show that the appellant knew that she had contracted marriage. For instance, a leading question was put to the complainant as to whether it was not correct that he had developed illicit relations with Mst. Iqbal Bibi and she had eloped with him and thereafter they contracted a marriage, to which question the complainant replied in the affirmative. Another leading question was put to the complainant as to whether it was not correct that he had stated in his statement Exh. P.C. that he had abducted Mst. Iqbal Bibi on account of illicit relations between them and then married her and took her to his house in Rauza Park, to which question the complainant replied in the affirmative. From these leading questions the inference is clear that the appellant knew that the complainant and the deceased had contracted marriage. In fact an attempt was also made in the case by the complainant to summon the Nikah Registrar as a witness, but the said application, which was filed by the complainant under section 450, Cr.P.C. was dismissed by the trial Judge on 21‑12‑1981, for reasons which are not sound. In the absence of the Nikahnama on the record, the trial Judge should have allowed the application. However, as I have already held, the inference that can be fairly drawn from the record convinces me clearly that the complainant knew that his sister had married the complainant. The ocular version cannot be rejected. Abdul Hameed P.W.7 is an independent witness. In these circumstances, the case against the appellant stands adequately proved.

12. I now turn to the defence version. Even assuming the same were to be accepted, it did not give the appellant the right to murder his sister. He was aware of the illicit relations between his sister and the complainant over a period of three months. He knew the location of the complainant's house. On the date of incident, the complainant was not present in the house. There was, therefore, nothing to provoke him to murder his sister. In these circumstances, the appellant committed nothing but cold‑blooded murder.

13. The upshot of the above discussion is that the appellant has A been properly convicted and sentenced. There being no merit in this appeal, the same is dismissed. The benefit of section 382‑B, Cr.P.C. shall be granted to the appellant. The fine, if recovered, shall be paid to the legal heirs of Mst. Iqbal Bibi, deceased, other than the appellant.

S. G. D. 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.