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Criminal Appeal No. 569 of 1982, heard. on 27th November, 1985.

‑‑‑S.304, Part I‑‑Sentence‑‑Accused murdering his wife under grave and sudden provocation after seeing her in compromising condition with another man‑‑Sentence of ten years awarded by trial Court found to be excessive‑‑Period of custody of accused before conviction and after conviction being more than four years, sentence already undergone by accused, held, would meet ends of justice‑‑Sentence of fine also reduced.‑‑[Sentence].

Ahmad Din v. The State 1975 P Cr. L J 672ref.

‑‑‑S.304, Part I‑--Compensation‑‑Accused after seeing his wife in compromising condition with another man killing her under grave and sudden provocation‑‑Compensation to relation of deceased in a case of grave and sudden provocation of such nature, it was, held, not proper to award‑‑Order of award of compensation set aside.

Hafiz Ghulam Bari for Appellant.

Azmat Dad Khan, for the State.

Date of hearing: 27th November, 1985.

Abdur Rahim (42) was tried for the murder of his wife Mst. Maqsoodan Bibi. On 21‑8‑1982, Additional Sessions Judge, Sargodha, convicted him under section 304, Part I, P.P.C. and sentenced him to ten years' R.I. with a fine of Rs.5,000 in default to undergo six months' R.I. further. Fine if realized, was ordered to be paid as compensation to the father of Mst. Maqsoodan. The convict has come up in appeal.

2. Briefly the facts of the case are that about 7/8 months before the occurrence in this case, Mst. Maqsoodan was married to Abdur Rahim. It was an unhappy marriage. Mst. Maqsoodan's father Dost Muhammad often used to visit the couple. On 1‑6‑1981 Dost Muhammad went to meet his daughter but found a lock on the door of her house. He waited for his son‑in‑law who came in the evening and Informed that Mst. Maqsoodan had gone to meet the witness, upon this information, Dost Muhammad left for his village. On reaching there, he discovered that his daughter had not come. He got suspicious. On the following day he took Muhammad Abdullah, Lumberdar, with him to the house of his son‑in‑law but found its door locked, after a while Abdur Rahim appeared. Dost Muhammad made inquiries from him about Mst. Maqsoodan. The accused became nervous and was not coherent, eventually he confessed before them that he had killed her because of her immoral character. After saying this he went away. P.W.8 Dost Muhammad went to Police Station Sillanwali and made report Exh.P.J. on 2‑6‑1981 at 11 aim to P.W.10 Tariq Ijaz, S.H.O. After recording the F.I.R., the S.I. went to the place of occurrence, recorded the statements of the witnesses and searched for the accused. Same day, P.W.7 Asmatullah and P.W.9 Amanullah produced Abdur Rahim, accused before the S.I. at the place of occurrence who arrested him The accused led to the recovery of the dead body of Mst. Maqsoodan which he had hidden in his house in a wooden box P.5. The appellant opened the lock of the box. The dead body of Mst. Maqsoodan was taken into possession through memo. Exh.P.D. The box was also taken into possession through memo. Exh.P.E. The accused also got recovered knife P.9 from the same box. It was taken into possession through memo. Exh.P.G. These three memos. were attested by P.W.7 Asmatullah and P.W.9 Amanullah besides the investigating officer. The dead body was sent for its post‑mortem examination.

3. P. W.1 Dr. Zafar Chaudhary, Medical Officer, Farooqa, District Sargodha, on 3‑6‑1981 at 11 a.m. held the autopsy 'on the dead body of Mst. Maqsoodan and found the following injuries on it:‑--

"(1) An incised wound 9 x 4 c.m. on the right side of neck involving the trachial rings. All the blood vessels cut down. Right jugular vein, external carotid, internal carotid are completely cut down on the right side. 3 trachial rings were also cut down. One above, one below thyroid cartilage.

(2) An incised wound 7 x 3 c.m. on the right side of the neck 1 c.m. at a distance from injury No.1. Margins are sharp everted.

(3) An incised wound 2 x 1 c.m. on the right side of his neck in the clavical foosa.

(4) An incised wound 2 x 1 c.m. on the right clavical foosa.

(5) An incised wound 2 x 1 c.m. on the right side of neck 3 c.m. distance from injury No.4.

(6) An incised wound 2 x 1 c.m. at a distance 2 c.m. from injury No. 5."

Death in his opinion was due to shock and haemorrhage caused by injuries Nos. 1 and 2.

After completing the investigation, the accused was sent up for trial.

4. In his examination under section 342, Cr.P.C. Abdur Rahim, accused, took up the plea of grave and sudden provocation and made the following statement:‑

"I am Hakim by profession and practice at Sargodha during the days of occurrence. On the day of occurrence, I came from Sobaga and found my wife lying in a compromising position with Iqbal son of Haji Nawaz of village Kudlathi. I lost self‑control on account of grave and sudden provocation. I picked up a knife lying on the bed and inflicted injuries to her as a result of Which she died and Iqbal escaped from there in the meanwhile myself informed the police but the police instead of taking to the actual facts summoned Dost Muhammad P.W. and his other relatives from village Kudlathi and registered a false case against me on distorted facts."

5. Accepting his plea of grave and sudden provocation, trial Court convicted him accordingly.

6. The only submission in the appeal is about the sentence. It was contended that for a case of grave and sudden provocation, the sentence awarded was excessive. In support of his submission, learned counsel placed reliance on the case of Ahmad Din v. The State reported in 1975 P Cr. L J 672. In the cited case of grave and sudden provocation, the sentence was reduced from seven years to three years. In the instant case, the appellant is in custody since 2‑6‑1981 i.e. from his date of arrest. Taking into account the period of custody before conviction and after conviction, I am of the view that the sentence already undergone by the appellant would meet the ends of justice. Since in a case of grave and sudden provocation of this nature, it is not proper to award compensation to the relations of the woman, I, therefore, set aside the order of compensation. In so far as the fine is concerned, it is reduced to Rs.100 in default to undergo one month's R.I.

Ornaments of Mst. Maqsoodan (deceased) such as two golden rings (1‑2) P.3 and golden 'kokal P.4 shall be handed over to her father Dost Muhammad, informant.

H.A.K. Appeal partly accepted.

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