' This judgment will dispose of Criminal Appeal No, 990 of 2000 filed by Amanat Ali, appellant who was convicted under section 302(c) P.P.C. And sentenced to 7 years' R.I.And a fine of Rs,10,000 in default six months' R.I. With the benefit of section 382-B, Cr.P.C. By the learned Sessions Judge, Sheikhupura vide judgment dated 5-6-2000.
2. Occurrence in this case had taken place at 4.30 early in the morning on 19-8-1994 at a distance of 10 kilometers from Police Station Ahmadpur District Sheikhupura while the matter was reported by Mst. Zubaida Bibi, the complainant through complaint Exh.P.N at 6-30 a.m. The same day and the formal F.I.R. Exh.P.N/1 was recorded by Yaqoob, HC.
3. Briefly stated the facts of the case are that Muhammad Aslam husband of the complainant is a labourer. She had four sons and two daughters out of the wedlock with Muhammad Alam. Since 17- 8-1994, the husband of the complainant' had gone to Sahiwal to see his sister. On the last night, a day prior to the occurrence, the complainant along with her elder sons Pervaiz Aslam, Ghulam Murtaza and other children was sleeping on the roof top of the house. At 04.30 A.M., of Amanat and Khalid had come , to the of the house of the complainant by a stair case. Amanat was having a rifle with him while Khalid was having a gun. Amanat fired with his rifle which struck on the right side of chest of Pervez Aslam. Upon this, the complainant along with Murtaza and Mustafa tried to chase the accused whereupon Khalid fired at the complainant party which did not struck anybody.
Thereafter Khalid accused came down from the stair and went to his courtyard. The complainant party followed Amanat up to the roof of his house which was adjoining to the roof of the complainant but they had gone to his house. After that, Amanat fired at Mst. Nusrat, his sister who was present in the courtyard of his house. The accused then threatened the complainant party that in case anybody came near him. Pervaiz Aslam, son of the complainant died at the spot. Later on, Mst. Nusrat Bibi also expired.
' The motive for the commission of the offence was that Mst. Nusrat Bibi got registered a case against Pervez Aslam son of the complainant and her husband for her abduction and zina. Pervez was challaned in that case and was on bail in the said abduction case. Pervez after the registration of the case started living at Lahore. Two days prior to the occurrence, he had come to house of the complainant.
4. After registration of the formal F.I. R. Exh P N/1 Iqbal Ahmad S.I. (P . W.8) proceeded to the spot, prepared the inquest report of the dead body of Nusrat Bibi Exh.P.G and injury statement Exh.P.F, then inspected the spot, took into possession the blood-stained earth from two places vide memos Exh.P:O. And Exh., on 22-8-1994 Amanat accused was arrested who on 27-8-1994 led to the recovery of rifle P.8 which was secured vide memo, Exh.P.S and then the investigation was taken over by Muhammad Saleem S.I. Who also partially investigate the case and challaned the accused to face the trial.
5. At the trial, prosecution in order to prove its case produced 9 witnesses in all, then the learned DA tendered in evidence report of the Chemical Examiner Exh.P.X, report of the Serologist Exh.P.Y and closed the prosecution case. Thereafter, statement of the appellant was recorded under section 342, Cr. P.C. And he in his defence produced two D. Ws. After conclusion of the trial, the appellant was convicted and sentenced as stated above.
6. Learned counsel for the appellant after having read the entire prosecution evidence and other material available on record submits that it was a case of grave and sudden provocation, the appellant committed the murder of Pervez Aslam and Nusrat Bibi having seen them in compromising position and so has been held by the learned trial Court and that according to report of the Chemical Examiner, the swabs taken from the vagina of Nusrat Pihi were stained with semen. Further submits that the appellant was arrested on 22-8-1994 and was bailed out on 11-7- 1995. And then from the date of his conviction he is in jail which period according to the learned counsel comes to 29 months. Adds that the period which the appellant remained in jail may be treated to be sufficient to meet the ends of justice.
7. On the other hand, learned counsel for the State submits that it was a case of double murder and already a very lenient view has been taken by the learned trial Court.
' I have heard learned counsel for the parties and have gone through the record. In the instantiate, the appellant had taken the plea of grays and sudden provocation. The same is reflected from reply of the appellant which he gave while answering question No, 7 in his statement under section 342, Cr.
P.C. Which leads as under: - " I am innocent. On the night of occurrence, I was sleeping in my cattle-shed. On the following morning at dawn time while I was having with me licenced rifle of my brother. The outer door of my house having its chain from - inside was opened by me by my hand. There was a Duhri in front of the outer door of my house. Upon entering into my house, I saw Pervaiz Aslam deceased and Mst.
Nusrat Bibi deceased while they were in compromising position. Upon seeing them, in the same condition I lost myself control and under the sudden provocation I fired first of all at my sister namely Mst. Nusrat Bibi who fell down whereupon Pervaiz Aslam deceased started running towards the roof of his house through the intervening of my house and that of his house. I chased him under the said provocation and fired at him who fell down on the roof of his house and expired. The occurrence was a unwitnessed. Khalid accused was not with me at that time. Pervaiz Aslam deceased got illicit relations with my sister namely Mst. Nusrat Bibi and in this connection a case under Zina Ordinance was also registered against him but he did not discontinue the illicit relations between them. During the investigation, I took first of all the same, plea and which was also found to be correct. My this plea has also been fortified from the report of the Chemical Examiner regarding the report of swa bs which received in positive. Pervaiz Aslam deceased and Mst. Nusrat Bibi deceased were unmarried. On the day of occurrence, I appeared before the Police and produced the weapon of offence before the I.O. And he did not show my arrest on that day".
Appellant has already -remained for 29 months in judicial lock-up during the trial and after conviction having been recorded by the learned trial Court. In the facts and circumstances of the case, I am of the considered view that the appellant committed the murder of Pervaiz Aslam and Mst. Nusrat Bibi both deceased under grave and sudden provocation after having seen them in compromising position which plea of the appellant is further verified from the positive report of the Chemical Examiner regarding the swab being stained with semen. Resultantly, the period which the appellant has remained in jail that is 29 months is treated to be sufficient sentence to meet the ends of justice. I . With this modification in the sentence, the appeal of the appellant is dismissed.
So fat as question of payment of compensation is concerned, that is set aside by relying on 1992 SCM R 2047. The appellant is in jail and shall be released forthwith, if not required to be detained in any other case.
Appeal dismissed/