' FALAK SHER, J.--- Learned Additional Sessions Judge, Lahore vide the impugned judgment, dated 9-5-1990 convicting Ghulam Sabir appellant (25) for the murder of his wife/maternal-first cousin Mst. Kalsoom Bibi (19) has sentenced him to death with a fine of Rs,10,000 in default to serve 2 years' R.I. In the event of recovery to be paid as compensation to legal heirs of the deceased and referred the matter for confirmation or otherwise of the death sentence being Murder Reference No,192 of 1990 while the appellant has questioned legality of his conviction and sentence by virtue of Criminal Appeal No,317 of 1990 and the two are disposed of together hereinbelow.
2. Sufi Muhammad Bashir P.W.9 father of the deceased on 11-12-1988 at 8-25 a.m. Recorded statement Exh.P.D. With Khushi Muhammad SI P.W.3 at G.T. Road near Rampura, Lahore while on patrol duty, on the basis whereof formal F.I.R. Exh.P.D./1 was registered by Allah Yar A.S.I. P.W.10 at Police Station Batapur at 8-35 a.m. 1-1/2 furlongs from the place of occurrence to the effect that the deceased having been married to the appellant 8/9 months preceding the incident a fortnight earlier called on the complainant in Shah Di Khoi, Police Station Township, complaining of persistent demand by the appellant conjunctively with that of his mother Mst. Sughran Bibi (discharged co-accused having been found to be innocent during the investigation) for fetching some funds from the complainant with a view to enabling the former to establish some business whereupon she was returned to her matrimonial place of abode promising to come over. Pursuant whereto on the precedim night accompanied by his brother Nazir Ahmad (given up as unnecessary) and Haji Muhammad Sadiq P.W.11 a co-disciple he went to the appellant's house and putting the family members together endeavoured to convince the appellant who firmly insisted on his demand stating that in the event of non-fulfilment thereof the deceased would either be divorced or done to death amidst whereof abandoning the appellant and the deceased in their room they retired for the night in the adjacent room where around 7-30 a.m. Hearing deceased's shrieks witnessed the appellant inflicting knife blows on her chin and neck in quick succession with the discharged co-accused holding her by the upper limbs, as a consequence whereof she succumbed to the injuries on the spot and the appellant alongwith the weapon of offence as well as his mother managed to slip away.
3. Khushi Muhammad S.I. P.W.13 despatching the complaint for registration of the formal F.I.R. At the police station proceeded to the spot, prepared inquest report of the deceased Exh.P.H., despatched the dead body to the mortuary for post-mortem examination under Liaqat Ali F.C. P.W.2's escort who later on tendered last-worn blood-stained clothes of the deceased Chaddar P.1, Shalwar P.2, Shirt P.3, Pull-over P.4, Vest P.5, Barassier P.6 and Clip P.7 secured into possession vide memo.
Exh.PA. Blood-stained Chaddar P.9 vide memo. Exh.P.E., blood beneath the deceased's dead body on a piece of cotton vide memo.. Exh.P.F. Witnessed by Nazir Ahmad (given up as unnecessary), Haji Muhammad Sadiq P.W.11 in addition to the investigating officer, got prepared scaled site plan Exh.P.G. From Imam Ali Shah Draftsma n tendered in evidence by his son-in-law Yunus All Shah P.W.12 on account of non-availability of the former due to sickness, effected appellant's arrest on 20-12-1988 who on 23-12-1988 led to the recovery of knife P.8 from his house reduced into possession vide memo. Exh.P.C. Attested by Muhammad Latif P.W.8, Muhammad Yaqub and the Investigating Officer.
4. Dr. Haroon Hamid P.W.3, Demonstrator, Department of Forensic Medicine, K.E. Medical College, Lahore on the same day conducted autopsy on the dead body of the deceased, identified by her paternal-uncle Muhammad Yasin P.W.6 and vide post-mortem report Exh.P.B. Found the following:- -
(1) An incised wound 2.5 c.m. x 0.5 c.m. With clean edges, extending obliquely 2.5 c.m. From the right angle of mouth and 0.5 c.m. Below the lower lip extending to midline.
(2) A transverse wound in front of neck lacerated with irregular edges and four skin tags. A clean incised wound 4 c.m. x 0.5 c.m. Skin deep above the left edge of the originally described wound.
Another clean incised wound 5 c.m. x 0.5 c.m. Below the right edge of the original injury No,2. Injury No,2 was 22 c.m. x 3 c.m. Right limb 15 c.m. From midline and left limb 7 c.m. Long, 5 c.m. Below the lower end of lobule of right ear and 5.5 c.m. Below the lower end of lobule of left ear, 6 c.m. Below chin and 8.5 c.m. Above an external angle."
' Right common carotid, external jugular vein and trachea cut cleanly, uterus containing featous, rest of the organs healthy; injuries 1 and 2 ante-mortem of sharp-edged origin, fresh in nature.
Injury No,1 sufficient to cause death in the ordinary course of nature, duration between injuries and death within few minutes, post-mortem whereof was conducted within 6 to 10 houRs,
5. Both the eye-witnesses namely Sufi Muhammad Bashir P.W.9 and Haji Muhammad Sadiq P.W.11 testified to the prosecution story at the trial while the appellant opting not to depose under section 340(2), Cr.P.C. In his statement under section 342 ibid admitting the occurrence stated that he murdered the deceased under sudden and grave provocation being a woman of bad character which stance he elaborated in his statement marked "A" of her having pre-marital illicit liaison with one Shamasuddin which she persisted during the wedlock despite his reprimand and offering an affront to him on that count at the time of incident.
6. The learned trial Court disbelieving the appellant's story returned the verdict under appeal during the course of hearing whereof learned counsel for the appellant having gone through the prosecution evidence confronted with the unimpeached ocular account and the admitted occurrence with bald plea of sudden and grave provocation without questioning the conviction confined his submission for lesser penalty pleading that what immediately transpired between the spouses having retired for the night at the time of occurrence remains shrouded in mystery and the wrecked home.
7. In view of the foregoing the conviction being unexceptionable, partly allowing the appeal appellant's sentence of death is altered to imprisonment for life without affecting the fine availing the benefit contemplated by section 382-B, Cr.P.C. The sentence of death is not confirmed.
Sentence reduced.