This is an appeal by Nazir and Muhammad, appellants, against the judgment of an Additional Sessions Judge of Jhang, dated 30th January, 1982, convicting them under section 304-1, P.P.C. And sentencing them to 10 years' rigorous imprisonment each with a fine of Rs, 4,000 each or in default of payment of fine to further one year's rigorous imprisonment each. The benefit of section 382-B, Cr. P.C. Has also been allowed to the appellants.
2. The only point argued by the learned counsel for the appellants is that relating to sentence. He has not questioned the conviction of the appellants.
3. The arguments of the learned counsel for the appellants, the complainant and the State have, therefore, been heard on this limited question, together with that on the private revision (Crl. Rev.
No, 91 of 1982) filed by Muhammad Bakhsh, complainant, against the present two appellants and the two acquitted accused.
4. The learned trial Judge in para. 7 of his judgment found that Bashir, deceased, had gone to meet Mst. Sardaran in the early hours of the morning and was surprised by Nazir and Muhammad, appellants, who belaboured him, as a result of which the deceased died as a result of a number of injuries given to him. He also found that Ahmad, father of Mst. Sardaran, had no male issue and he treated Nazir and Muhammad appellants, as his sons, thus giving them motivation to belabour the deceased. In cases of grave and sudden provocation, the sentence normally imposed by the Court ranges from three to five years. In this connection Kamal v. The State , Allah Ditta v. The State and Sadh v. The State , may be referred. Taking all circumstances into consideration, the ends of justice would be met if the sentence of the two appellants is altered to three years' rigorous imprisonment each ; the fine, however, is being maintained.1 2 3
5. For the foregoing reasons, while maintaining the conviction of the appellants under section 304- 1/34, P.P.C., I reduce their sentences to three years rigorous imprisonment each with a fine of Rupees fond thousand (Rs, 4,000) each or, in default thereof, to further one year's rigorous imprisonment each. Out of the total fine, if recovered, Rupees, five thousand (Rs, 5,000) shall be paid to the legal heirs of Bashir, deceased, as compensation. In view of section 382-B, Cr. P. C., the full period of detention of the two appellants as under-trial prisoners shall be taken into consideration as detention undergone by them as convicts.
6. This appeal, therefore, stands partly accepted, in terms of reduction of sentence, as stated above. There being no merit in the Criminal Revision (Crl. R. 91 of 1982) filed by the petitioner, the same is dismissed. PLD 1977 SC 153 1973 P Cr. L J 101 1978 P Cr. L J 144