ASLAM RIAZ HUSSAIN, J.--Muhammad Akbar petitioner was tried alongwith his brother Aslam for the murder of Fateh Muhammad for which he was sentenced to death. He was also directed to pay Rs.1,000 as compensation to the heirs of the deceased or in default to suffer one year's R.I. His brother Aslam was, however, acquitted by the trial Court. He filed an appeal before the High Court which failed and his death sentence was confirmed.
2. Feeling aggrieved he moved this Court for leave to appeal.
3. Learned counsel for the petitioner submits that he does not challenge the conviction on merits but only seeks leave to argue the question of reduction of sentence.
4. Considering that the matter involves a very simple question we convert the petition into appeal and dispose it of as such.
5. Learned counsel for the petitioner has pointed out that according to the prosecution version itself the motive for the offence as given in the F.I.R. As follows:-
6. Learned counsel for the petitioner referred to the statement of Muhammad Alam (P.W. 4) and submitted that during the post-mortem examination it was revealed that Mst. Sardar Begum was neither pregnant before her death nor had her death been caused as a result of abortion. He submitted that the aforementioned allegation was proved to be totally false and incorrect and that because of this not only did the petitioners who are brothers of Mst. Sardar Begum, felt greatly insulted and dishonoured, but had also suffered 6 months in jail as a result to the said allegation.
He, therefore, urged that the petitioner had a genuine grievance against the deceased and was a matter of family honour which they felt justified in vindicating.
7. We have given our anxious consideration to this aspect of the case and feel that there is sufficient force in it. We accordingly partly allow the appeal to the extent that while maintaining the petitioner's conviction reduce his sentence from death to that imprisonment for life and grant him the benefit of provisions of section 382-B, Cr. P.C.