1. SAJJAD AHMAD, J.-The appellant, Ali Asghar, was sentenced to death by the Sessions Judge, Hazara, for causing the murder of his wife, Mst. Mumtaz Begum, by beating her with a club on the night between the 28th and 29th of May 1968. On appeal and reference, the High Court (Peshawar) has confirmed his sentence of death. Leave was granted to the appellant by this Court on the 3rd of April 1970, to consider whether the sentence of death awarded to him was appropriate in the circumstances of the case. The deceased had suffered 8 injuries on different parts of her body, all caused by blunt weapon. Her death was due to shock on account of multiple contusions. The appellant has admitted having beaten his wife, because she was quarrel--some and used to disobey him. This time he beat her because in the afternoon when he returned from his work, she had not heeded to his demand to give him some eatables along with tea. According to him, she showed the same indifference at night, because she did not come to his bed in the manner as instructed by him. The father of the appellant, Faqir Muhammad, appeared in defence and stated that the appellant was not keeping a balanced mind, and that he had been treated by several Hakims for his mental ailment.
2. We have given our anxious consideration to the question of sentence. While there is no doubt that the appellant beat his wife mercilessly owing to fanciful grievances, the mitigating circumstances that can be used in his favour are, firstly, that his wife was also not of a docile character and was rather of a pro--vocative nature, and did not bother to adjust herself to the vagaries of her husband. Secondly, while the injuries caused to her were numerous, none of them was individually grievous or fatal. Her unfortunate death was due to the cumulative effect of the injuries caused to her. The appellant has a number of small children from his late wife, and the capital sentence awar--ded to him, if executed, will double their tragedy. The children have lost their mother already and the appellant his wife. One other point in favour of the appellant on the point of sentence is that the entire tragedy was enacted by him at the spur of moment without any premeditation, and the weapon employed by him was a handy stick. In view of all these circumstances, we feel that the ends of justice in this case will be sufficiently met if the capital sentence awarded to the appellant is commuted to transportation for life. We order accordingly.