' The appellants were tried by the learned Additional Sessions Judge, Sahiwal for the murders of Zawar Hussain and Mst.Alan Bibi who vide judgment, dated 27-9-1992 convicted both the appellants under section 302(c)/34, P.P.C. And sentenced them to ten years R.I. Each for the murder of Zawar Hussain deceased and to pay a compensation of Rs,5,000 to the legal heirs of the Zawar Hussain deceased or in default whereof to undergo six months.S.I. They were further convicted under section 302(c)/34, P.P.C. For the murder of Mst.Alan and sentenced to ten years R.I. Each.
They were also convicted under section 351/34, P.P.C. And were sentenced to one year R.I. Each and a fine of Rs,1,000 each or in default whereof to further suffer S.I. For one month each. All the sentences were ordered to run concurrently. Benefit of section 382-B, Cr.P.C. Was also extended to them. Hence this appeal.
2. Brief facts according to F.I.R. Exh. P.F. Got recorded by Lal P.W.7 on 24-7-1991 are that the complainant is a labourer. Tonight he alongwith Zawar Hussain deceased his brother's son, Muhammad Yousaf P.W.8 and Bashir Ahmad his sister's son was sleeping in the house of Zawar Hussain. At 4.00 a.m. They heard a noise and woke up. They saw that Nota accused was holding the legs of Zawar Hussain deceased and Dilmeer accused gave a kassi blow on the neck of Zawar Hussain which hit on the right side of his ear and neck. He gave the second blow which hit on the back of deceased and third blow given by Dilmeer accused was hit on his shoulder. After receiving the serious injuries the deceased started writhing. Both the accused after crossing the central wall entered in the house of Nota accused and within the sight of the P.Ws. Dilmeer and Nota accused strangulated Mst. Alan Bibi daughter of Nota with a rope and she died instantaneously. The witnesses after retreating saw that Zawar Hussain was semi unconscious and he was transported to Civil Hospital by a car and on reaching the hospital he succumbed to the injuries. The motive behind the occurrence was that the accused had a suspicion that Zawar Hussain deceased was running illicit relations with Mst. Alan Bibi deceased, therefore, they had committed the Qatl-iAmd.
3. Learned counsel for the appellants at the very outset submits that he does not challenge the conviction of the appellants but prays that a lenienent view with regard to their sentences may be taken in the circumstances and facts of the case. Further submits that the appellants have already undergone a substantial portion of their sentence and it would meet the ends of justice, if their sentences are reduced to the period already undergone by them. Learned counsel for the State has half-heartedly opposed the arguments advanced by the learned counsel for the appellants.
4. I have heard the learned counsel for the parties and perused the record.
5. The learned trial Court while convicting the appellants has observed that the conduct of the trial clearly show that Nauta and Dilmeer accused committed the murders of Mst. Alan Bibi and Zawar Hussain in a short span of time. It is further observed that there was no other person with the accused to commit the murder of both Zawar Hussain and Mst. Alan Bibi their own nearer and dearer one except that eliminating both of them due to the fact that they were having illicit liaison with each other. The learned trial Court has further observed that the occurrence might have occurred as the accused would have seen the deceased in an objectionable position and the accused had entered into the house and had committed the murder of Zawar Hussain on his cot and they would have also committed the murder of their own daughter. It has been further observed that definitely if a man see or come to know that his own daughter is having illicit relations with his neighbourer who is a married man then he would have definitely taken it an exception and would have acted in such a manner to save the family honour. Thus finally convicted the appellants under section 302(c)134, P.P.C.
6. With the assistance of the learned counsel for the parties. I have gone through the relevant record as well as the judgment. The observations of the learned trial Court are fortified from the evidence on record. It has been found by me that the conclusion arrived at by the trial Court are such that any reasonable Court could have come to the same after a fair assessment and appraisal of evidence on the record.
7. As far the sentence of the appellants is concerned, both the appellants committed the murder of Zawar Husain and Mst. Alan Bibi under Ghairat. They are facing the agony of this case for the last ten years and according to the record they have already undergone a substantial period of their sentence. In my view in the circumstances of this case it would meet the ends of justice, if while maintaining the conviction of the appellants their sentence is reduced. Accordingly while dismissing the appeal, the sentence of the appellants is reduced to the period already undergone by them. The sentence of fine is also set aside.
8. As far the amount of compensation is concerned, both the deceased were killed as they were indulged in an immoral activity, in such-like cases, the legal heirs of the deceased are not entitled to any compensation as required under section 544-A, Cr.P.C. Resultantly, the amount of compensation awarded by the trial Court payable by the appellants is set aside.
9. With the above modification in the sentence the appeal is otherwise dismissed.