P L D 1980 Karachi 397 (PLP)

Appellant in person. Abdul Latif Channa, A: G. for the State. Date of hearing: 9th October, 1979. JUDGEMENT Mithal son of Nangar Kandhro resident of village Shaikh Mahi of Taluka and District Khairpur, has been convicted by the learned Sessions Judge. Khairpur, under section 304 (I), P. P. C., and sentenced to seven years' R. I. and to pay a fine of Rs. 1,000 or in default to suffer R. I. for one year more. He has appealed through Jail and leas been called from Jail to be hear in person. He says that Tharo (deceased) stayed with them as their guest. They were also sleeping there. Mst. Mukhtiar who was wife of his brother was sleeping on the raised platform and so also the deceased. The appellant and his younger brother were sleeping there at a distance of 10-12 paces from the deceased and Mst. Mukhtiar. The husband of Mst. Mukhtiar was not available there in the house as he had gone to Khair- pur. It was at about 2-00 or 2-30 a. m. when they woke up on cries of Mst. Mukhtiar and saw Tharo (deceased) shutting her mouth by his hand. The appellant picked up a lath! and ran towards him and gave him lath! Blows on account of "ghairat". Mst. Mukhtiar informed him that the deceased assaulted her to outrage her modesty. Tharo died instantaneously. The appellant was at the scene of occurrence when Dhani Bux and Faiz Mohammad came on cries there, and he informed them about the incident. He pleads grave and sudden provocation and prays for acquittal.

2. The medical evidence shows that the deceased was killed as a result of the injuries caused by a blunt substance such as lathi and were anti-mortem in nature. The position taken up by the appellant has been accepted by the trial Court but the sentence awarded to him under section 304 (1), P. P. C. was excessive.

3. The trend in our jurisprudence for the last 40 to 50 years has been towards more human treatment of those who proved sudden and grave provocation as it involves more values and notions of honour and chastity, particularly among the respectable families is the rural areas and it must be regarded as a provocation of the gravest kind for a man who actual witnesses the degrading spectacle of a woman of his family being subjected to illicit intercourse. If one loses self-control under the impact of such grave and sudden provocation and assaults the person responsible for bringing this disgrace to him and his family, his act is clearly such_ which requires to be viewed in a light different from that in which ordinary criminal acts are regarded. It would follow, therefore, that the punishment to be meted out in such a case would have to be measured by different yardstick, Though it is not easy to describe any particular period of imprisonment which may apply as a general rule in such cases, nor is it desirable to do so but it would appear that a sentence of even two to three years' R. 1. would meet the ends of justice.

4. For the foregoing reasons, the appeal is accepted and the appellant who has remained in custody since 25-10-1976 as an under trial prisoner and has been convicted on 12-4-1978, and has thus served out the sentence of nearly one year and eight months. In these circumstances, therefore the sentence already undergone by him should be good enough to meet the ends of justice. I, therefore allow the appeal and direct that the appellant shall be released forthwith if not required in any other case. M. Y. M.?????????????????????????????????????????????????????????????????????????????????????????? Order accordingly