' Muhammad Ashraf appellant alongwith his brothers Muhammad Aslam, Muhammad Asghar and their cousin Muhammad Nawaz were tried by the learned Additional Sessions Judge, Mianwali for the murders of Mst. Waziran, a sister of the appellant and Sardar Khan. Vide judgment dated 1111- 1990 only the appellant was convicted for an offence under section 304, Part I, P.P.C. And sentenced on two counts to 10 years' R.I. On each count and fine of Rs,2,500 or in default thereof one year's R.I.
The others were acquitted.
' The convict has appealed.
2. The occurrence took place at about 11-00 p.m./12-00 mid-night on 27-3-1989 and matter was reported to the police on 28-3-1989 at 7-00 a.m. According to the version in the F.I.R. The Deras of Muhammad Khan complainant (P.W.5) and the appellant and his co-accused were adjacent. At the fateful time Sardar Khan went towards a watercourse to ease himself and there his alarm was heard. The complainant alongwith others ran to the spot and saw the appellant and Nawaz co- accused firing at Sardar Khan. He died at the spot. It is also in the F.I.R. That at a little distance the dead body of Mst. Waziran was also lying. The motive alleged is that the appellant and his co- accused suspected that Mst. Waziran was having illicit connection with Sardar Khan.
3. The appellant at the close of the trial pleaded that on the night intervening 27/28-3-1989 he and his sister Mst. Waziran were alone at their Dera. When he got up he found her missing from the cot.
Taking a gun he went in her search and. Found her in a compromising position with Sardar Khan.
On grave and sudden provocation he fired with his licensed gun and finished her. Sardar Khan tried to escape. He was given butt blows, fell down and was also fired at. The other co-accused pleaded non-participation.
4. The learned trial Judge after a review of the eye-witness account, the medical evidence and the statement of the investigator, acquitted the co-accused and convicted the appellant on his own plea. The finding recorded is not disputed by the learned counsel for the appellant. The only request made is that the sentence was excessive inasmuch as the appellant had acted in grave and sudden provocation and in Ghairat. It is an admitted fact on record that. Mst. Waziran was unmarried. As per the medical evidence she was pregnant of about 3/4 months and sexual intercourse had taken place with her even before the occurrence. The loin clothes of the two were also not seen on the bodies of the two by the investigator. So, the plea of appellant was correctly accepted.
5. The result is that the appeal against conviction fails and is hereby dismissed. The appellant having acted in Ghairat, the sentence of ten years' R.I. And fine is excessive. The same is, therefore, reduced to imprisonment for five years only on each count. The appellant would have the benefit of the provisions of section 382-B, Cr.P.C..
Sentence reduced.