Khuda Bakhsh Marri, J.--The appellant Shabhir Ali son of Azhar Ali Sayed has challenged the judgment of Mr. Muhammad Ishtiaq Hussain, Ex-Officio II Additional Sessions Judge, Hyderabad dated the 6th of June 1970, by which he has been convicted under section 302/324, P. P. C. and sentenced to death under section 302, P. P. C. and to one year's R, I. under section 324, P. P. C. for the murder of one Mst. Anis Sultana.
This matter has been referred to us under section 374, Cr. P. C. as well for confirmation of the sentence. Both the appeal and the reference therefore, will be dealt with by this judgment.
2. Brief facts of this case are that on 25th July 1966 at 11 a. m. one Sayed Iftikhar Ali filed an F. I. R. at Latifabad Police Station, Hyderabad to the effect that he, his mother-in-law Rashida Begum, his wife Balqis Jamal and his sali (sister-in-law) Anis Sultana deceased and his brother-in-law Shahzad Akhtar, used to reside jointly in one quarter No. 335/B, Unit No. 10, Latifabad. His two brothers namely, Syed Shabhir Ali (accused- appellant) and Manzoor Ali used to reside in Unit No. 6, these brothers being on visiting terms, used to come to his house. His sister-in-law Mst. Anis Sultana having attained majority, was made to observe parda from his brother Shabhir Ali about 20--25 days before the incident. On the day of incident i. e., 25th July 1966, he went in the morning as usual at 7-30 a.m. to attend his duties as a Senior Clerk in the office of the Commissioner, Hyderabad. At 10 a.m. on the same day, his brother-in-law Shahzad Akhtar came to his office and informed him that after his going to the office, Shabir Ali came to his shop, stayed a little while and went to the house of complainant. He went on to state that at that time his mother Mst. Rashida Begum had gone in the neighbourhood when cries were raised in his house at about 9 a.m.
Shahzad Akhtar further told him that on hearing tjie cries he went inside the house and found that bis sister Mst. Anis Sultana was lying on the cot, covered with a chadar. Shabir Ali who had a knife in his hand was shovering blows to her and his sister Mst. Balqis Jamal was raising cries and attempted to rescue Mst. Anis Sultana but Shabir Ali also gave knife injury to Mst. Balqis Jamal on her left hand. On cries Fasihuddin and Abdul Kafil came running, in the meanwhile Shabir Ali stabbed knife in his own stomach and fell down. This was witnessed by the above two persons.
Thereafter, Fasihuddin and Abdul Kafil took both Mst. Anis Sultana and Shabir Ali to Civil Hospital and Shahzad Akhtar came to inform him. On receiving this information he went to his house where his wife Mst. Balqis Jamal also narrated the above facts to him. The complainant went on to state that his brother Shabir Ali had illicit connections with Mst. Anis Sultana, as they have made her to observe pardah since about 15-20 days and on that account Shabhir Ali might have killed Mst. Anis Sultana who died at once and requested for action to be taken by the police. This F. I. R. was recorded by Raja Ahmad Ali. S. H. O. Police Station Latifabad, Hyderabad at 11 a.m. Thereafter he went to the vardat, he found blood in the verandah of the house, the place of vardat. He found a cot stained with blood and also found a knife, a revolver cover and a bed sheet lying there. All these articles were stained with blood. A pair of shoes was also found by him. One of these shoes also was stained with blood. He secured these articles and sealed them except the cot. He also secured blood-stained earth from the vardat in the presence of mashirs Hafiz Ahmad Khan and Syed Mahboob Ali Khan and prepared the necessary mashirnamas. He noticed one injury on the right hand near thumb of Mst. Balqis Jamal which he inspected and prepared a mashirnama. In the meanwhile City Inspector of Police Abu Fakhar came to the vardat and took up the investigation which was verified by the S. H. O. On the same day in the evening blood-stained clothes of Mst. Anis Sultana and also of accused were brought (presumably from Hospital) to him by F. C. Muhammad Umar. He prepared the requisite mashirnama of these clothes in presence of Bashir Khan and S. M. Azhar. He sealed these clothes in the same mashirnama Exh. 11 and on 8th August 1966 submitted the interim challan. He sent the bloodstained articles to the Chemical Analyser for examination, articles being knife, revolver cover, pair of shoes, bed sheet, Pajama and shirt of the accused and also a Banyan of the accused and Shalwar, Chappal and Dopatta of deceased Mst. Anis Sultana and he also received the Medical Report pertaining to Mst.
Balqis Jamal, appellant Shabir Ali on 4th September 1966 and postmortem report of the Medical Officer, Liaquat Medical College, Hyderabad of the dead body of Mst. Anis Sultana Exh. 37.
3. The prosecution case is based on ocular testimony of P. W. 2 Mst. Balqis Jamal, P. W. 3 Shahzad Akhtar P. W. 6 Fasihuddin, P. W. 7 Abdul Kafil and P. W. 8 Mst. Rashida Begum. Statements of these witnesses are corroborated by evidence of P. W. 8 Mst. Rashida Begum, P. W. l2 Raja Ahmad Ali and by P. W. 5 Hafiz Ahmad, who is a mashir of securing clothes of the deceased and the appellant, by P. W. 10 Ali Muhammad A. S. I., Investigating Officer P. W. 13, Abu Fakir, City Police Inspector, Hyderabad and also by statement of Dr. Rafi Ahmad Khan P. W. 14, Medical Officer.
4. Mst. Balqis Jamal P. W. 2 who is an eye-witness of the incident stated that she knew the appellant who is a real brother of her husband. She stated that her husband Syed Iftikhar Ali has two real brothers, who are Manzoor Ali and appellant Shabir Ali. She knew them as they used to visit their house. At the time of incident she was living with her husband in House No. 335 situated in Latifabad Unit No. 10 along with her mother Mst. Rashida Begum, younger sister Shahela, her brother Shahzad Akhtar and her sister Mst. Anis Sultana deceased. The appellant Shabir Ali was living at that time with his other brother Manzoor Ali in Unit No. 6, Shah Latifabad. About a month before the murder of Mst. Anis Sultana she was made to observe pardah from the accused as she had become major. At 9 a. m. on the day of occurrence she was at her house along with Mst. Anis Sultana, her mother and younger sister Shahela had gone in a neighbouring house, her brother Shahzad Akhtar was at his provision shop situated in their quarter. Her husband had gone to his office. Her deceased sister Mst. Anis Sultana was sleeping at that time in the verandah when appellant Shabhir Ali knocked und sought permission from her. She informed him that there was a pardah still lie could come in. Accordingly he came inside the house followed by her. The appellant enquired about her mother and he was told that she has gone in the neighbourhood, thereafther he enquired about Mst. Anis Sultana he was told that she was sleeping in the verandah. It is stated that after this conversation the appellant closed the door of the room where she was and himself came out. She cried as to why he has closed her door, no reply was given by him, and soon after, he heard cries of Mst. Anis Sultana, upon this she opened the window which was in her room, which had an opening in the verandah where Mst. Anis Sultana was sleeping. She jumped out of the window into the verandah and saw that sheet of Mst. Anis Sultana was removed and appellant Shabir Ali was giving knife blows to her. She attempted to save Mst. Anis Sultana, whereupon appellant got annoyed and gave a knife injury on her arm as well. On her raising cries, her brother P. W. Shahzad Akhtar came inside the house and tried to intervene and pursuade the appellant not to cause injuries but he refused to listen and attacked Shahzad Akhtar who ran away from the house raising cries which attracted P. W. Abdul Kafil and P. W. Fasihuddin who came inside the house alongwith Shahzad Akhtar. All these three witnesses tried to save Mst. Anis Sultana but in vain. After giving knife blows to Mst. Anis Sultana, the accused stabbed himself in his stomach.
Immediately P. W. Shahzad Akhtar went to inform her husband about the incident and P. Ws.
Fasihuddin and Abdul Kafil carried the deceased Mst. Anis Sultana and accused Shabir Ali to Liaquat Medical College, Hospital. After a while her mother Mst. Rashida Begum and her husband also came to the house to whom she had narrated the incident. Her husband then went to file a report to the police station. She was examined by the police next day and also her statement under section 164, Cr. P. C. was recorded. She also was medically examined and treated for seven days.
She did not know however, as to why appellant killed her sister. In her cross-examination she stated that her deceased sister Mst. Anis Sultana besides being a student was also a Mistress in a School at Latifabad for l| years. The appellant used to visit their house some times daily and sometimes after 15 days. P. W. Abdul Kafil and Fasihuddin are neighbours, Fasihuddin lives in the third quarter in the same line where her house is situated while Abdul Kafil in the fourth quarter. She went on to state, that when accused was giving blows to Mst. Anis Sultana P. Ws. Fasihuddin and Abdul Kafil came inside the house. She bad told them that the accused was stabbing her sister. Her sister Mst.
Anis Sultana was not engaged to anybody. She was not on quarrelling terms with the appellant.
She repelled the suggestion of the defence counsel that some other persons had come in the house and injured her sister and the accused thereafter ran away.
5. The next eye-witness is P. W. Shahzad Akhtar, brother of deceased Mst. Anis Sultana and P. W.
Mst. Balqis Jamal and brother-in-law of the complainant Syed Iftikhar Ali. This witness supports the statement of P. W. Mst. Balqis Jamal in all material facts. As regards to the observance of pardah and also to the details of incident of murder of his sister by accused Shabir Ali.
He goes on to state that at about 9 a.m. he was visited by accused at his shop where he stayed a little while and went to the house. Soon after he heard the cries "Bachao Bachao" of Mst. Balqis Jamal and deceased Mst. Anis Sultana. He rushed there and found the door of the house closed, he opened the door by putting his hand inside the door and entered the house and saw the appellant Shabir Ali inflicting knife injuries to deceased Mst. Anis Sultana on her cot. He also observed that Mst. Balqis Jamal was trying to save Mst. Anis Sultana. He himself requested the appellant to refrain from killing her sister but the appellant fell upon him, to save his life he ran outside the house and raised cries which attracted Abdul Kafil and Fasihuddin, the neigh- bourers who immediately came inside the house. On seeing them, the appellant stabbed himself with the knife in his stomach.
Thereafter, the injured Mst. Anis Sultana and appellant were taken to Hospital for treatment by Fasihuddin and Abdul Kafil. He stated that appellant had caused injury to Mst. Balqis Jamal. His statement was recorded by Police and also by Magistrate, Hyderabad under section 164, Cr. P. C. In his cross-examination he states that the gate of his house was at a distance of 1$ feet from his shop, by sitting in the shop he could easily see as to who has entered the house. He testified that he had seen the appellant entering the house and within 10 minutes he heard cries coming from his house. Thereupon he went inside the house.
6. Then we have the statement of P. W. 6 Fasihuddin. He is a neighbour and was acquainted with the appellant as well as the complainant family. On the date of incident he states that at about 8- 15 a.m. he went to purchase some cigarettes from the shop of Shahzad Akhtar P. W. who was not present there. While returning he heard cries and commotion from the house of complainant, in the meanwhile he saw Shahzad Akhter coming out of the house raising cries. He rushed to the house and in the meanwhile P. W. Abdul Kafil also came there. He goes on to state that he saw the appellant inflicting knife blows to deceased Anis Sultana who was on a cot. He immediately entered in the room in search of a datida to save Mst. Anis Sultana, in the meanwhile the appellant continued to give more knife blows to the deceased and thereafter he stabbed himself in the stomach with the same knife. He found Mst. Balqis Jamal present in the house who was trying also to save her sister. He further found an injury on the hand of Mst. Balqis Jamal. The appellant after stabbing himself fell down on the ground. The intestines of deceased Mst. Anis Sultana had come out which this witness forced back in her stomach and he took her to hospital as her condition was precarious. In the cross-examination this witness confirmed the statement of P. W. Shahzad Akhtar that the appellant used to visit his shop and also used to visit the house of complainant and he knew him. He goes on to state that when he reached inside the house, he found the appellant, deceased Mst. Anis Sultana, Shahzad Akhtar and Mst. Bilqis Jamal there. After 2 to 3 seconds Abdul Kafil also came behind him and other persons also came. He cannot say how many. He requested for a dopatta and put her intestines inside with the help of dopatta of the deceased. Then he brought a rickshaw and took her to hospital. He rejected the suggestion that the deceased had been stabbed before he reached there and Mst. Balqis Jamal was lying unconscious by then. He also rejected the suggestion that some persons present at the vardat were naming his brother Riaz as culprit.
7. Then we have the next eye-witness P. W. 7 Abdul Kafil. He knows the complainant and deceased Mst. Anis Sultana and the family as well as the appellant. He also testifies that the appellant was not living with the complainant at Unit No. 10 but was living in Unit No. 6 Latifabad. On the day of incident at about 9-00 a.m. while he was going to open his shop situated in front of his house, he heard cries from the complainant's house and on reaching there found P. W. Shahzad Akhtar and P.
W. Fasihuddin. He witnessed appellant Shabir Ali giving knife blows to Mst. Anis Sultana who was lying on the cot. P. W. Mst. Balqis Jamal was crying and begging the appellant not to give her blows and attempted to save her sister. He goes on to state that he and P. W. Fasihuddin tried to persuade the appellant not to inflict injuries on deceased Mst. Anis Sultana but in vain, who after stabbing the deceased stabbed himself with the knife in the stomach and fell down. He also noticed that in the meanwhile Mst. Balqis Jamal fell down on the ground and became unconscious.
This witness also supports the evidence of P. W. Fasihuddin as regard to taking of the deceased and appellant by them to hospital for treatment. The police had recorded his statement on the same day in the hospital. Mst. Anis Sultana although seriously injured was alive when they took her to hospital. On reaching the hospital however, she expired. He also acted as a mashir for the injuries on the person of appellant Shabir Ali and as a mashir of the inquest report with regard to injuries on the dead body of Mst. Anis Sultana. Jn cross- examination he states that his shop was at a distance of 200 yards from the house of the complainant. Fasihuddin P. W. entered the house first and he went behind him. He states that 15--20 other persons had collected there but he cannot name those persons.
8. Then we have the statement of Mst. Rashida Begum P. W. 8, mother of deceased Mst. Anis Sultana. She states that on the day of incident at about 8-30 a.m. or 9 a.m. when she was in the house of Qadri Saheb she heard a noise saying a murder has been committed in the house of Syed Iftikhar Ali complainant. She rushed there and found Mst. Balqis Jamal bleeding due to injury on her hand while Shahzad Akhtar was weeping. She was informed by Balqis Jamal that appellant Shabir Ali had murdered Mst. Anis Sultana, she became unconscious and by that time Mst. Anis Sultana had been removed to hospital. Sift further states that on regaining consciousness Mst. Balqis Jamal told her as to how the appellant entered the house and locked her in a room, enquired about Mst.
Anis Sultana and seeing her in the verandah gave her knife blows and on her cries Shahzad Akhtar and other people came inside the house. Her statement was recorded under section 164, Cr. P. G.
She cannot say as to why the appellant murdered Mst. Anis Sultana. It might be, because she was made to observe pardah from him. She repelled a suggestion in cross- examination that there was any dispute between the accused and Mst. Balqis Jamal on account of the visits of the appellant to his brother, the complainant.
9. Then we have the statement of P. W. 10 Ali Muhammad who was on the day of incident A. S. I. P.
Incharge of Out Post Kali Road. He states he was directed by Raja Ahmed Ali S. H. O. Police Station, Latifabad to go to Civil Hospital for collecting the certificate in respect of Case No. 74/66. He went to the hospital and was told that the dead body of Mst. Anis Sultana was brought by Abdul Kafil, he prepared the mushirnama of the dead body of Mst. Anis Sultana in presence of mashir Abdul Kafil and Zahoor. He states that Shabir Ali appellant was also brought in the hospital and he also prepared mashimama of his injuries as well. He referred the appellant to Medical Officer for his examination and treatment.
10. Then we have the statement of P. W. 11 complainant Syed Iftikhar Ali, real brother of accused Shabir Ali. He testifies to the fact that deceased Mst. Anis Sultana was made to observe pardah by them 10--15 days before the incident and also that accused was visiting his house usually. As he was on frequen visits to Mst. Anis Sultana they made her to observe pardah. Thereafter he narrated the incident as in the F. I. R. with regard to information given to him by Shahzad Akhtar and the facts narrated to him by his wife Mst. Balqis Jamal later on reaching his house as to how the appellant entered the house and murdered Mst. Anis Sultana, injured her in the hand and thereafter gave knife blows himself in his stomach. Nothing worthwhile in support of appellant in the cross-examination by the defence has been brought out from this witness.
11. Lastly we have the statement of P. W. 13 Rafi Ahmad Khan, Medical Officer, Liaquat Medical College, Hospital, Hyderabad. This witness examined at 1-30 p.in. on 25th July 1966, the day of incident, the dead body of Mst. Anis Sultana and performed the post-mortem examination and found the following injuries: External injuries : "(1) Incised wound about 3" x l'x muscle deep at the middle of the neck transversly on the interior aspect.
(2) Incised wound about 3" xl$"x peritonium cut and viscare visible right side of the epigestric region.
(3) Incised wound about 4"xlJ"x peritonium cut on the interior aspect of*he right lumber region.
(4) Incised wound 4" x l"x peritonium cut on the interior aspect of the left lumber region.
(5) Incised wound 6" x 2|" x intestines and omentum coming out at the left hypochondriutn transverse in disection reaching up to the mid line.
(6) Incised wound 5' x 1 x muscle deep extending from the middle of the dorsum of the hand right side reaching to the middle of the wrist.
(7) Incised wound about x x muscle deep on the interior of proximal digit interior aspect of ring finger of right side.
(8) Incised wound fxl'x muscle deep on the muscle deep on the proximal digit interior aspect of ring finger of right side.
(9) Incised wound x J' x muscle deep on the proximal digit at the interior aspect of the index finger of right side.
(10) Incised wound 'x "x skin deep at the dorsum of the index finger of the left side.
(11) Incised wound x J" x skin deep on the lateral aspect of the left wrist.
Internal injuries:
(1) Corresponding to injury No. 2 there was a cut about 2" in length transversely through and through between 11th and 12th ribs in the inter costal aspects right side.
(2) The portion of the walls of the abdomen was cut in the region of the injuries mentioned above.
(3) There was cut about 2" in length piercing interior wall of stomach corresponding to injury No. 5.
(4) There was cut about 2" x 1 x on the interior aspect of the right lobe of the liver corresponding to injury No. 2. The rest of the visceras were found healthy."
And he came to the conclusion that the death was due to shock and haemorrhage due to the injuries to the liver and stomach. In his opinion these injuries were sufficient to cause death in the ordinary course of nature, and the injuries were caused according to the Doctor by a sharp cutting weapon such as a knife. This witness also examined the injury of appellant Shabir Ali which was as under : "1. Incised wound 6" x 2'virsa deep extending from the left hypochordrium towards the right eliac fossa, gat and omentum lying outside the wound." ln his opinion the nature of the injuries was dangerous the weapon used was sharp cutting.
Probable duration of the injury was fresh.
"So far my opinion is concerned I cannot say if the injury was self-inflicted. This injury in my opinion was sufficient in the ordinary course to cause death. ln my opinion, a person can cause self-inflicted wound of this type provided he intended to commit suicide."
21. The appellant, however, in his statement before the rial Court totally denied his participation in the offence. Although he admits that a pair of shoes belongs to him which rave been recovered by the police and which was stained with blood but he denies the ownership of the knife. He also admits that he was wearing blood- stained trouser which was secured from him in the hospital. As to the question that why the P. Ws. deposed against him he stated that the P. Ws. have involved him falsely in the case in order to conceal the fact of illicit connection of Mst. Balqis Jamal and the real murderer. The murderer had committed the murder of Mst. Anis Sultana and also stabbed him. P.Ws, were connected with the complainant. He goes on to state that on the day of incident he was going on a cycle to the shop of Iftikhar Ali for purchasing some articles when his cycle got punctured near his house, therefore, instead of going to-shop he entered the house where he heard some voice threatening Mst. Anis Sultana from the room of the house of the complainant. The threatening voice was saying that she would be murdered if the secret was related by her to some one else. He went to the room from where the threatening voice was coming but he found its door closed from inside. He entered the room from backside of the house. He also heard voice of Mst. Balqis Jamal talking to Mst. Anis Sultana that she would be done to death if she did not agree to her advice. On seeing this, Mst. Anis Sultana told him that the culprits and Mst. Balqis Jamal were unnecessarily harassing her and that she would complain to Iftikhar Ali. The appellant therefore, according to him, asked the man as to why he has entered the house and that he will hand over the man to the police, the culprit took out a knife, he and Mst. Anis Sultana raised cries. Meanwhile P. Ws. Fasihuddin and Abdul Kafil also entered the house. P. W. Fasihuddin caught hold of him while Abdul Kafil caught hold of Mst. Anis Sultana. The culprit stabbed him with a knife and threw him over the cot. Thereafter the culprit also injured Mst. Anis Sultana. He became unconscious. After causing the injuries the culprit ran away from the vardat. To say the least this explanation is nothing else than a poor attempt to get away from the crime in our opinion he has committed in view of the overwhelming evidence of eye- witnesses as well as corroboratory circumstantial evidence on record. There can be no manner of doubt that it was the appellant who has committed the murder of Mst. Anis Sultana, he admits his presence there as explained above, he admits the (ownership of blood-stained shoes and trouser, he admits the presence of Fasihuddin and Abdul Kafil at the vardat. Now none of these P. Ws. stated anywhere that the culprit was anybody else than the appellant, therefore, we disbelieve the statement made by the appellant in his favour. It may be noted here that the complainant Syed Iftikhar Ali is the real brother of the appellant and no enmity has been alleged either against him by the appellant or against any of the other P. Ws. so as to implicate him falsely and most of the P. Ws. i. e., Shahzad Akhtar, Mst. Balqis Jamal, and complainant Syec? Iftikhar Ali, are his relations. They would on no account implicate the appellant innocently. We believe also the motivi of murder as stated by the complainant P. W. Mst. Balqis Jama and P. Ws. Shahzad Akhtar and the mother of the deceased tha the appellant had developed some liking, or made love or perhap some illicit relations with deceased Mst. Anis Sultana as stated b the complainant, and when he was prohibited by the family to visit Mst. Anis Sultana who had become major by then, the appellant apparently took serious exception to it and decided to do away not only with her but with himself as shown by his attempted suicide. It is also on the record that he was for sometime out of job. He is a young man of 28 years of age and a typist .by profession, may be he wanted to marry the girl and there must have been some opposition by the relations of the girl to his being unemployed and this fact has driven him to the extreme desperation of doing away with the girl as well as himself.
22. We have heard Mr. Mohd. Sulleman Memon for the appellant and Mr. Murtaza Husain for the State. We have no reason to disbelieve the statements of eye-witnesses of the offence. They are truthful witnesses, they have seen the appellant committing the offence and later attempting to commit suicide. A submission however, was made on behalf of the appellant as regards to the benefit of lesser sentence to him. We are of the opinion that there are certain special features of this case which deserve considering, for example his love for Mst. Anis Sultana which drove him to disappointment and dejection when she was made to observe pardah, after knowing her for sometime. His attempted self-destructions by stabbing himself on a fatal part i. e., stomach which according to Doctor was grievous enough to cause death in the ordinary course of nature, is also a point to be considered. This murder was not based on cold and calculated enmity but it was due to sheer disappointment in his life and his presumably being badly treated by his brother and the relatives and also being out of job, may have forced him to take this extreme step. We may not be understood however, to approve the act of the appellant but are of the opinion, however, that this matter is one of those rare cases where justice may be tampered with mercy. There is another circumstance i. e., the inordinate delay with regard to the conclusion of this case, the appellant must have sufficiently suffered in the course of long six years when he remained as under-trial prisoner. The offence was committed in July 1966 while the trial was concluded in June 1970 i.e., after a lapse of four years and the appeal before this Court has taken also further one year. Not only this, the appellant it appears was produced on various dates between 1966 to 1970 before the committal and the trial Courts about 70 occasions and many a time case was adjourned by the Courts, because no prosecution witnesses were present. One fails to understand this lethargy, we may say so, on the part of the prosecution, because, all the witnesses belong to Hyderabad Town and it should not have been difficult for prosecution to make sure the presence of their own witnesses and this fact also weighed with us while considering the question of sentence. In this respect we may rely on a decision of the Supreme Court of Pakistan reported in Muhammad Sharif v. The State (1) wherein an argument was raised that a delay of six years for conclusion of the case may be considered while awarding the lesser penalty. Although their [9] Lodsbips did not agree for awarding lesser punishment only on this plea yet they permitted the appellant to approach the Provincial Government for relief in this regard. It may be pertinent however, to quote the relevant observations: "It is surprising that the learned Judges of the High Court have not in their judgment ever referred to this extraordinary delay in the disposal of the case. The fact remains that the appellant was in remand for nearly six years on a charge of murder and there is force in the argument that this fact should have been taken into consideration in assessing the punishment. But, as has been observed by this Court in several cases, it does not ordinarily interfere with sentences that are legal. The appellant may, therefore, approach the Provincial Government for relief in this regard."
It is obvious that in that case the question of delay however wasnot brought to the notice of the learned Judges of the High Court which is the reverse in this case. We may safely rely on another case of the Supreme Court reported in Ghulam Hussan v. Zafrullah (1) wherein their Lordships altered the sentence of death to that of transportation for life on the ground inter alia of length of time from the incident (1-7-1959 to 15-3-1961) to the conclusion of the trial.
23. In view of the reasons given above, we uphold the judgment of the learned trial Judge dated 6- 6-1970 and dismiss the appeal but considering the circumstances narrated earlier, alter the sentence of death to that of transportation for life. The result is, death sentence is not confirmed and sentence is altered to that of transportation for life. The appeal, therefore, subject to above modification stands dismissed. . Sentence modified.
(1) PLD 1961 SC 230