Manzoor Ahmad appellant was tried by Magistrate Section 30, Lahore and vide judgment dated 7- 7-1983, convicted under section 304, P.P.C. And sentenced to 7 years' R.I. And a fine of Rs.2,000 or in default thereof one year's R.I. He has appealed.
2. Nazir is the deceased in the present case. He was the son of Fazal Din complainant (P.W.5). He was injured to death at about 1-00 a.m. On 16-9-1980 at the roof of the house of the appellant by the appellant. Zafar Ullah S.H.O. (P.W.) reached the spot and there recorded the statement of Fazal Din complainant (Exh.P.C.) and on its basis formal F.I.R. Was registered.
3. According to the F.I.R. The deceased was having illicit connection with Mst. Salma, daughter of Manzoor appellant. She was insisting upon marrying him. There had been a dispute over this affair even previously. On the night the deceased had gone to the house of the appellant, the appellant saw him at the roof with his (appellant's) daughter and finished him with Dang blows.
4. At the trial the appellant also pleaded in the same terms and produced two witnesses in defence.
5. The learned Magistrate after review of the statements of Pehlwan (p.W.2) who' was Chowkidar at night in the Mohallah, Ghulab (P.W.4), Fazal Din complainant (P.W.5), Khalid Mahmood (P.W.6), Abdul Ghani (P.W.8) the other Chowkidar and Zafar Ullah S.H.O. The Investigator (P.W.9) concluded the charge against the appellant.
6. Their statements have been gone through with the help of the learned counsel. The appreciation of evidence is correct and the evidence has been rather misread: From the statements of the witnesses the version clearly comes out that at the dead of night the appellant got up on becoming conscious that somebody was on his roof, called out the two Chowkidars, they came up the roof from the other side while the appellant went up from his own stairs and the deceased was done to death and Mst. Salma perhaps ran away. The complainant in the witness-box took a complete somersault and tried to make out a case that his son was called at night by the appellant, when he did not return for 2/3 hours, he reached there, heard alarm and then when he went up p the roof in the company of two Chowkidars and others, the deceased was being injured by the appellant. He was properly confronted and contradicted. The conclusion is irresistable that at the dead of night the deceased went to the house of the appellant and there when he was seen with the daughter of the appellant, he was finished. Grave and sudden provocation has been well pleaded and proved. The appellant was in jail for about a month after conviction. It is an old matter. In the circumstances the sentence already undergone and a fine of Rs.1,000 or in default thereof 4 months' S.I. Would meet the ends of justice. Order accordingly. The Fine would be deposited in the learned trial Court within one month from today otherwise he would be taken into custody and sent to jail to serve out the sentence.
SA./M-233/L