1. ' MUHAMMAD AFZAL ZULLAH, CJ.---In this criminal appeal for enhancement of sentence in a homicide case the respondents stood convicted under section 304, Part I, P.P.C. Their act was found to be one under grave and sudden provocation and they were given the benefit of Exception 1 to section 300, P.P.C.
2. The sentence was reduced by the High Court from life imprisonment to that undergone. Leave to appeal was granted to examine; whether the priod of actual sentence as convicts, was commensurate with the facts and A circumstances of the case as well as in accordance with the principles laid down by the superior Courts in this behalf from time to time. On scrutiny it has been found that though the period undergone by the respondents as convicts is very short but the total period served by them as convicts and as undertrials when added together, it is agreed by the learned counsel for the appellant, comes to more than six times the period undergone as convicts.
3. In this line if the respondents were allowed benefit of section 382-B, Cr.P.C. The total period would not be against the dictates of justice. That being so, we by extending the benefit of section 382-B, Cr.P.C. Feel that the sentence of imprisonment should not be enhanced any further.
4. Learned counsel for the appellant also sought imposition of heavy fine. The grave and sudden provocation in this case relates to the molestation by the deceased of the real sister of the respondent. The High Court in its wisdom thought it proper not to impose any fine and if the reasons for this omission are assumed to be relatable to the peculiar facts and circumstances of C this case, it cannot be said that the omission to impose fine has contravened any principle relating to the award of sentence or even compensation. There is no force in this point either.
5. ' In the light of the foregoing discussion this appeal is dismissed.