' Appellant Safdar Ali aged 23 was convicted under section 302, Pakistan Penal Code, by the learned Sessions Judge, Mianwali for the murder of his wife Mst. Surayya Bokhari on 3rd May 1969 at about 12-15 p.m. Inside the quarter adjacent to the office of the Family Planning, Mianwali and sentenced to transportation for life vide judgment dated 27th April 1970. The convict has filed this appeal against his conviction and sentence.
2. The occurrence is reported to have taken place on 3rd May 1969 at 12-15 p.m. Muhammad Afzal (P.W. 6) made the statement (Exh, P.C.) at Police Post Mianwali at a distance of four furlongs, which was recorded by Head Constable Alam Sher (P. W. 13) at 12-30 p.m. And formal F.I.R. (Exh. P. C/1) was recorded at Police Station Sadar Mianwali by AS.1. Ghulam Hussain at 1-30 p m.
3. The occurrence is stated to have taken place in the following manner. Muhammad Afzal (P.W. 6) was present in his office at about 12-15 p.m. On 3rd May 1969. Other employees of the department were also working there. All of a sudden Mst. Zahida Yasmeen (P.W. 8) Lady Family Planning Visitor came running from the direction of the residence adjacent to the office and told that Mst. Surayya Bokhari was being attacked with a chhurri by her husband in the residential room. Muhammad Afzal P.W. Alongwith Muhammad Aslam Driver P.W. Went running to the spot from their office, and when they came in the street outside their office they noticed that a person, whose name they later on came to know as Safdar Ali, was running towards the north at some distance. Muhammad Afzal and Muhammad Aslam P.Ws. Followed the appellant and captured him near Jamia Masjid Maulvi Muhammad Akbar Ali. The appellant had a chhurri in his right hand, which they snatched. The clothes of the appellant were also stained with blood. They apprehended the appellant and brought him to the spot and noticed Alit. Surayya Bukhari lying dead besmeared with blood. Mst.
Raisham Jan, list. Parveen Akhtar (Not produced) besides Zahida Yasmeen P. W. Were present.
Muhammad Afzal complainant, Executive Officer of the Family Planning Department, produced the appellant and the chhuri before the Head Constable.
4. Dr. Nazir Ahmad (P.W. 1) on 3rd May 1969 at 5-30 p.m. Conducted the post-mortem examination on the dead body of Mst. Surayya Bokhari aged 24 years and found four incised wounds and eight stab wounds. The death in the opinion of the doctor was caused due to shock and haemorrhage as a result of injuries Nos. 5 and 3 through which heart and aorta were punctured. All the injuries were caused with sharp-edged weapon. The death was instantaneous and the time that elapsed between death and post-mortem examination was about six hours.
5. The appellant has admitted the occurrence, but has stated that he acted under grave and sudden provocation. He did not produce any defence.
6. 1 have heard the learned counsel for the appellant and also the learned State counsel. I have also gone through the evidence on record.
7. The ocular evidence has been furnished by Mst. Zahida Yasmeen (P.W. 8), who has stated that the appellant entered the room, where the deceased and the witness were present and on entering the room the appellant enquired from Mst. Surayya Bokhari as to whether he was her husband, to which she replied in the negative, and it was after this that the appellant gave chhurri blows to Mst. Surayya Bokhari and she (the witness) ran to the office while Mst. Parveen Akhtar (P.W.
Not produced) raised alarm.
1 She has also admitted in her cross-examination that the appellant told the deceased immediately before the occurrence that it was not advisable for her to serve at Mianwali, as she was suspected to have liaison with Manzoor and her services at that place would bring disgrace to him and his family. She further stated that the deceased replied that she was not his wife. She has also admitted that it was correct that when the deceased told the accused that he was not her husband, the appellant lost self-control, by expressing his anger and thereafter started giving blows to her with the chhurri in the fits of anger. In view of this statement of the only eye-witness produced in this case it is quite clear that it was under grave and sudden provocation that the appellant caused the death of his wife Surayya Bokhari. The learned counsel for the appellant also pointed out that vaginal swa bs were sent to the Chemical Examiner and according to the report of the Chemical Examiner (Exh. P.K.) those swabs were stained with semen.
8. The upshot of the discussion is that in the circumstances of the case the appellant could be deemed to have acted under grave and sudden provocation. Accordingly the conviction under section 302, Pakistan Penal Code, is altered to one under section 304, Part I, Pakistan Penal Code.
9. So far as the sentence is concerned, keeping in view the extenuating circumstances, 1 am of the view that the sentence already undergone would meet the ends of justice. I order accordingly. The appellant shall be released forthwith provided he is not required in any other case.