' MUHAMMAD FARRUKH MAHMUD, J.--- This judgment will dispose of Criminal Appeal No,1104 of 1998 filed by Muhammad Nasim, who was convicted and sentenced by the learned Sessions Judge, Mandi Bahauddin, vide his judgment, dated 17-11-1998 as under:-- ' Death with compensation of Rs,1,00,000 under section 302(b), P.P.C.
' Murder Reference No,433 of 1998 for confirmation or otherwise of death sentence of appellant shall also be replied through this single judgment.
2. Brief facts of the case; as narrated in F.I.R. Exh.P.A. By Mst. Hanifan Bibi (complainant/P.W.1), are that her husband had expired about 27 years back and her son Bashir Ahmad (deceased) was born out of their wedlock, who was employed in police at Lahore Airport and had come to home about one month back. On 23-2-1997 at about 12-00 noon Bashir Ahmad (deceased), Nazir Ahmad (P.W.2), Muhammad Nazir and Muhammad Nasim (accused) were playing cards in the Baithik of one Fazal Din, during which Bashir Ahmad deceased and Muhammad Nasim had a squabble. Nazir Ahmad (P.W.2) and Muhammad Nazir separated them but while leaving the said place Muhammad Nasim extended threats to Bashir Ahmad of dire consequences. On the same day at about 4-30 p.m. Bashir Ahmad, Nazir Ahmad and Muhammad Nazir were present in her house when Muhammad Nasim arrived in front of the outer door and called Bashir Ahmad-deceased.
Keeping in view the dispute between them and apprehending any mishappening the complainant along with Nazir Ahmad (P.W.2) and Muhammad Nazir followed him. The deceased and the accused reached the corner of the street. Muhammad Siddiq (accused) and father of Muhammad Nasim accused was already present there. He held the deceased in his clutches and Muhammad Nasim accused brought out a dagger from his fold and inflicted two blows to the deceased hitting on his . Left shoulder and front of chest, as a result whereof the deceased fell down. The complainant, Muhammad Nazir and Nazir Ahmad raised alarm. Thereafter the accused ran away from the spot. Bashir Ahmad succumbed to the injuries at the spot.
' The motive behind the occurrence was dispute between the deceased and Muhammad Nasim over playing cards for which both the accused took the life of the deceased in furtherance of their common intention.
3. After registration of formal F.I.R., the investigation of the case was taken over by Ashiq Sarwar, S.- I./P.W.11. He proceeded to the place of occurrence, took over the dead body, prepared injury statement, Exh.P.F. And inquest report Exh.P.G. He took into possession bloodstained earth from the spot vide memo. Exh.P.B. On 19-3-1997 he arrested Muhammad Nasim-appellant. While in police custody, on 23-3-1997 Muhammad Nasim led to the recovery of dagger, which was taken into possession vide memo. Exh.P.C. After completion of investigation, the accused was sent up to face trial.
4. At the trial, the prosecution in order to prove its case produced 11 witnesses in all. The prosecution after tendering in evidence the reports of Chemical Examiner Exh.P.L. And Exh.P.N. And that of Serologist Exh.P.M. Closed its case. The accused in his statement recorded under section 342, Cr.P.C.
Pleaded his innocence. The accused did not appear as witness under section 340(2), Cr.P.C. After conclusion of trial the appellant was convicted and sentenced as stated above.
5. After having read the entire prosecution evidence, statement of the appellant under section 342, Cr.P.C. And other relevant material available on record, the learned counsel for the appellant, at the very outset, has prayed for reduction in sentence alone. He has argued that undeniably no previous ill will or enmity existed between the appellant and the deceased; that it was sudden affair, which erupted during playing of cards; and that the prosecution had dishonestly divided the occurrence into two happenings. The learned counsel has referred to the site plan Exh.P.H., wherein it has been mentioned that the witnesses reached the spot after hearing alarm raised by the deceased.
6. The learned counsel appearing on behalf of the State (sic) that as long as conviction was being maintained, he felt satisfied and had nothing much to say about the quantum of sentence.
7. We have heard the learned counsel for the parties at length and scanned the entire record of the case. The occurrence took place at 4-30 p.m. And the matter was reported to the police station at 8-00 p.m., while the police station was at a distance of 8 miles. Mst. Hanifan Bibi mother of deceased and Nazir Ahmad P.W.2 have furnished the ocular account. As far as the main occurrence is concerned, their statements are very consistent and are supported by the medical evidence as well as recovery of blood-stained dagger, which was found to be stained with human blood. Furthermore both these witnesses had no previous or enmity against the appellant, so as to involve him in the false case. It was a daylight occurrence and no mother would substitute the killer of his son. In these circumstances, the prosecution has successfully proved its case against the appellant and the learned counsel for the appellant has wisely not pressed for acquittal of the appellant.
8. Having come to this conclusion, we have given our serious considerations to the quantum of sentence in the circumstances of the case. Undeniably Bashir Ahmad-deceased and Muhammad Nasimappellant were playing cards in sitting room of Fazal Din, when they quarreled with each other. It is not mentioned in the F.I.R. As to why they quarreled with each other. It appears that something very serious happened between the two, which led to the quarrel. It is also in evidence that quarrel took place between the two in presence of Nazir Ahmad P.W.2 and Muhammad Nazir.
In this background Bashir Ahmad would not normally go out of his house on the call of the appellant and would also accompany him. Furthermore, according to prosecution, Bashir Ahmad and Muhammad Nasim went together to the street and were followed by the complainant and other two witnesses. It does not appeal to reason that a mother would allow her son to accompany a person, who had issued threats after quarrel. The learned counsel for the appellant has also rightly referred to the site plan Exh.P.H., wherein it has been mentioned that P.Ws. Reached the spot after hearing alarm of the deceased. We are of the opinion that the occurrence was the result of single happening and was bifurcated into two in order to make out a case of premeditated murder. The deceased and the appellant were age mates and were playing cards at the time of occurrence. No previous or enmity existed between the two. Something grave happened between the appellant and the deceased, which led to the unfortunate incident. In the above noted circumstances, we do not consider it to be a case where extreme penalty of death should be inflicted. Hence, while maintaining the conviction of the appellant under section 302(b), P.P.C. We reduce his sentence to imprisonment for life. The amount of compensation is maintained. However, in case of non-realization or non-payment thereof, the appellant would undergo six months' S.I.
Benefit of section 382-B, Cr.P.C. Is extended to him.
9. With the above modification in sentence, this appeal is partly allowed. Murder Reference is answered in the negative. Death sentence is not confirmed.