Maqsood Ahmad (25) was tried for the murder of his wife Mst. Riaz Begum. On 27th February, 1980, Additional Sessions Judge, Attock, convicted him under section 304, Part I and sentenced him to 8 years, R. I. And to a fine of Rs. 3,000 in default to undergo one year R. I. Further. Fine if realized was ordered to be paid as compensation to the mother of the deceased. The appeal of the convict is before me.
2. About 5 years before the occurrence in this case, appellant was married to the deceased. They lived in Pindwal Dakhli Sarwala. Since appellant's sister Mst. Zaitoon became a widow and there was no one to look after her, therefore appellant shifted to village Dakhner to the house of his sister.
His mother also lived there. The appellant doubted the fidelity of his wife. Their relations thus remained strained. Consequently she went over to live with her parents on a number of occasions.
Each time the accused would bring her back. According to the prosecution about 4/5 days before the occurrence, Lal Khan shopkeeper of appellant's village had informed the relations of Mst. Riaz that she was unhappy with her husband and was being ill-treated and wanted someone to bring her over to her mother. Upon the information Feroze, maternal uncle of Mst. Riaz and her maternal- cousin Ahmad Khan alongwith Muhammad Khan (given up) went to appellant's village to bring her back. They reached there at Khuftanwela on 27th October, 1977. Appellant happened to be away.
They asked Mst. Riaz to get ready. Appellant's mother stopped them. In the meanwhile appellant reached there and refused to send her. Feroze and his two companions left disappointed. They hardly reached the house of Baqir Shah, when they heard an alarm raised by Mst. Riaz and saw her running towards them. The accused followed her, caught her by hair and gave her knife blows in the chest. She fell down and he inflicted more injuries to her, as a result of which she died at the spot. The Lumbardar of the village came there, leaving him behind, Feroze went to make a report.
After the registration of the case, the appellant was arrested and sent up for trial.
3. The accused denied the prosecution case and took up the plea of grave and sudden provocation. His version of the occurrence was that when he came home, he found the deceased missing. He enquired from his sister who failed to explain her absence. He went looking for her.
When he reached near the Bethak of Baqir Shah, he saw a man inside the gate. As he questioned him, this man shouted a warning upon which he saw another man and Mst. Riaz his wife trying to escape. He became infuriated and inflicted injuries to her. Trial Court accepted his version and found the prosecution case unsatisfactory for good reasons. There was a delay in making the F. I. R.
Moreover it was rather strange that Feroze maternal-uncle of the deceased and her maternal- cousin Ahmad Khan would leave their village at Khuftan--wela to bring the deceased to her mother. The time chosen as the eye-witnesses to bring her back made the prosecution case doubtful. They could easily come during the day. Under the circumstances it appears that they stage-managed their presence at the spot by putting an unbelievable story that they came over at Khuftanwela. They also could not correctly describe appellant's sister's Haveli where be was living. This also indicated that they had not been there. On the other hand, the appellant found the deceased in the house of Baqir Shah at 3 a. m. Under suspicious circumstance. Both tried to escape. This situation would cause grave and sudden provocation to the appellant. He was, therefore, rightly convicted under section 304-I, P. P. C.
4. In this appeal the sentence however, calls for interference. I am of the view that taking into account the period, the appellant remained in custody during the trial and the one that he served after conviction would meet the ends of justice. The same is therefore reduced to already undergone. I am further of the view that in cases of this nature, compensation to parents of an immoral woman would not be proper. I, therefore, remit the sentence of fine. The appellant is on bail.
He shall be discharged of the bail bonds.