' This criminal appeal arises from the judgment of learned Sessions Judge, Bahawalpur, whereby he on 16-2-1984 convicted Iftikhar Ahmad appellant under sections 304-1 and 334, P.P.C. And sentenced them as under:- ' Under section 304-1. ' to 7 years' R.I. And a fine of Rs,2,000 in default thereof 6 months' R.I.
' Under section 334, P.P.C. ' to one month's R.I. With the direction that the sentences shall run concurrently and the fine when recovered be paid to the heirs of the deceased.
' It is remarkable that the State or the complainant have n, t filed any appeal or revision against the judgment of the trial Court.
2. The charge against the appellant was that he launched murderous assault and thereby caused death of Mst. Tanveer Kanwal, his sister-in-law and injuries to Mst. Kausar Parveen, his wife, The trial Court disbelieving the prosecution case accept the plea of grave and sudden provocation raised by the appellant and recorded convictions under section 304-I,P.P.C. For causing the death of Mst.
Tanveer Kanwal and for causing injuries to Mst. Kausar Parveen under grave and sudden provocation.
3. Learned counsel for the appellant has not challenged the conviction. He requests for leniency in the sentence. On the other hand, the learned counsel for the State has opposed the prayer of the learned counsel for the appellant for reduction in sentence.
4 1 have considered the submissions made by the learned counsel for the parties with care. 1 find that the prosecution case has been dishelieved by the trial Court; that according to the learned trial Court, the plea of grave and sudden provocation raised by the appellant was plausible; that the learned trial Court has virtually convicted the appellant orider sections 304-1 and 334, P.P.C. For causing the death of the deceased and injuries to the P.W. Under grave and sudden provocation; that the deceased was sister-in-law of the appellant and that at the eventful time she was living in the house a the appellant. In these circumstances, I am of the view that the sentence awarded by the trial Court is excessive and the same is reduced from 7 years to 3 years' R.I. And a fine of Rs,2,000, in default thereof 6 months' R.I. The sentence awarded by the trial Court under section 334, P.P.C. Is maintained. The sentences would run concurrently. The fine when recovered be paid to the heirs of the deceased. The appeal is disposed of accordingly. y.