' The appellant alongwith four others was tried for offences under section 302/148/149, P.P.C. In the Court of Additional Sessions Judge, Multan, for having committed the murder of Chiragh son of Waryam. The trial Court acquitted the co-accused but convicted the appellant on his own statement under section 304, Part I of the P.P.C. And sentenced him to undergo R.I. For four years with a fine of Rs,2,000 or in default of payment to undergo further R.I. For two years.
2. The learned counsel appearing for the appellant has not challenged the conviction of the appellant but has merely prayed for reduction of the sentence to the one already undergone. The learned State counsel has no objection to the same.
3. The learned counsel for the appellant has calculated that the appellant has suffered imprisonment for a period of one year and five months. The appellant was arrested on 30-7-1976 and remained in the jail as under-trial prisoner till 24-10-1977. After being convicted on 24-10-1977 the appellant filed an appeal in the High Court and his sentence was suspended on 18-12-1977. The learned counsel for the appellant has prayed for allowing benefit of section 382-B, Cr.P.C. To the appellant. The learned counsel has relied on Arif Shah v. The State 1977 SCMR 33 to support his submission that the appellant be not sent back to the jail after a long period of more than eleven years since the grant of bail to him.
4. I am inclined to agree with the submissions made by the learned counsel for the appellant. In this case, the prosecution evidence was disbelieved and the conviction was recorded on the solitary statement of the appellant himself. He had seen his wife in a compromising position with the deceased and gave hatchet blows to him, while he was under grave and sudden provocation.
His sentence was suspended on 18-12-1977. It will not be fair and proper to send him back to serve the remaining sentence in the peculiar circumstances of the case. I, therefore, allow benefit of section 382-B of the Cr.P.C. To the appellant, maintain his conviction but reduce the sentence to the one already undergone. The sentence of fine is remitted. The appeal is partly accepted with the modification in the quantum of sentence as mentioned above. .