' Heard.
2. Manzoor Ahmad, Advocate, a practising lawyer and Mst. Bushra both were murdered at the house of the latter and of her brothers Abdul Hafeez and Abdul Hamid, respondents, in the village Abadi at about 11-00 p.m. On 14-12-1989. The respondents were tried by the learned Additional Sessions Judge, Sheikhupura. The defence plea raised by Abdul Hafeez that he had seen the two in a compromising position at the dead of night in the house and picking up his gun had finished both, was accepted and prosecution version not relied upon by the learned trial Judge. All the respondents were acquitted except Abdul Hafeez who was convicted under section 304, Part I, P.P.C. And sentenced to three years' R.I. And a fine of Rs,10,000 or in default thereof one year's R.I.
3. This is a revision petition against the order of acquittal.
4. The version in the F.I.R. Was that Manzoor Ahmad had contracted a Sharai Nikah with Mst. Bushra two years before the occurrence, though the families of the two were not agreeable to the match.
Due to differences Aslam complainant, the maternal-uncle of the deceased, got effected a compromise and on the night of occurrence he alongwith five other persons went to have the Rukhsati of Mst. Bushra. It was during the conversation in the house that the matter flared up and when Mst. Bushra started walking away with the Rukhsati party, they were fired at and finished.
5. I have been taken through the statements of Muhammad Aslam and Ashfaq, the two eye- witnesses, the medical evidence and I think that for valid reasons the respondents were acquitted.
The Advocate deceased was a practising lawyer and was a bachelor. If he had married Mst.
Bushra, then the same should have been registered or, in any case, her statement got recorded in any Court of law to show Nikah. In this respect the learned Additional Sessions Judge was perfectly correct not to believe the so-called Nikah. Furthermore, when the two families were not agreeable to the match it is not believable that in the month of December at the dead of night six persons would have walked down to the house of the accused to have the Rukhsati of Mst. Bushra. Manzoor Ahmad deceased was not having any loin cloth and this fact is clear from the medical evidence. In the F.I.R. There is no mention as to where the loin cloth had gone nor Aslam complainant made any statement in this regard at the trial. Ashfaq had to say that the loin cloth was taken away by Abdul Hamid accused/respondent. When the two had been finished there was no fun in taking away the loin cloth and that too of only one of them. Looked at from whatever angle the reasons advanced by the learned trial Judge cannot be said to be fanciful or without proper appreciation of the evidence. It is a case of acquittal and having recorded for sufficient reasons, no interference is called for. The revision petition against the respondents except Hafeez is dismissed in limine.
6. As to the quantum of sentence to Hafeez, respondent, the revision petition is admitted. Notice to issue to him and the State.