Khan, Khadim and Qazim appellants were convicted under section 304, Part I, P.P.C. By learned Additional Sessions Judge, Jhang on 4-12-1989 and sentenced to 6 years' R.I. Each and a fine of Rs.2,000 each or in default thereof six months' R.I. Each on two counts with the order that the sentences were to run consecutively. Benefit of the provisions of section 382-B, Cr.P.C. Was extended. Their co-accused Rab Nawaz was acquitted.
2. The convicts have appealed from jail. Learned counsel for the State has been heard and record gone through with his help.
3. The occurrence according to the F.I.R. Lodged by Muhammad Aslam complainant (P.W.6) the brother of Rab Nawaz deceased took place at 9-30 p.m. On 25-3-1988 at Chah Bairwala at a distance of 9 kilometres from Police Station Ahmad Pur Sial, District Jhang. His version was that when they were present at their Dharri, Kazim Hussain appellant came and invited Rab Nawaz deceased to visit their place for enjoying tape. He left and after some time Rab Nawaz also proceeded towards the place of the appellants. After some time alarm was heard and Aslam complainant alongwith Muhammad Iqbal (P.W.7) and Murad (given up) reached and saw the appellants armed with hatchets and Rab Nawaz co-accused with Phaurra injuring Rab Nawaz deceased. After injuring him they assaulted Mst. Zubaida deceased and also finished her. It is also in the F.I.R. That the appellants suspected Mst. Zubaida, the sister of Khan, of having illicit connection with Rab Nawaz deceased.
4. At the close of the trial and in their cross-examination to the P.Ws., the version put forward was that Rab Nawaz had developed illicit connection with Mst. Zubaida, at night Kazim Hussain went to fetch water from the hand---pump and there saw Mst. Zubaida and Rab Nawaz lying together on a cot, he informed Khan and Khadim Hussain and they also saw the scene. All in Ghairat got infuriated and losing self-control, finished both at the spot.
5. The learned trial Judge after a review of the prosecution evidence accepted the plea and passed the sentence as indicated above. It is clear from the statement of Aslam complainant that the two deceased were suspected of illicit connection. If this was the situation then it was not expected that the deceased (Rab Nawaz) would have walked to the place of the appellants which was about one acre away at 9-00 p.m. To enjoy the tape. He was young fellow of 19/20 years and Mst. Zubaida deceased was 30 years as per the medical evidence. It is also clear from the statement of Aslam that the husband of Mst. Zubaida was not present at the house on the night of occurrence and rather had gone for labour somewhere outside. In such circumstances the appreciation of the evidence seems to be correct.
6: The result is that the appeal against conviction fails and is hereby dismissed. But in view of the circumstances of the case the sentences are ordered to run concurrently.
N.H.Q./K-25/L