1995 PLP 168 (SCMR)

RUSTAM S. SIDHWA, J.‑‑‑Leave was granted in this case to Arif appellant to consider the question whether he should not be granted the lesser penalty under section 302/34, P.P.C. for having acted under the influence of his mother and sister when causing the death of Barkat Ali deceased.

2. By virtue of the President's General Amnesty dated 8‑12‑1988 the death sentence of Arif appellant has already been commuted to life g imprisonment. Even otherwise he would have been entitled to the lesser penalty. Barkat Ali deceased was the brother of Mst. Hasan Bibi acquitted accused and the maternal‑uncle of Mst. Barkat Bibi acquitted accused. Mst. Hasan Bibi acquitted accused was interested to seek the hand of her brother's daughter Mst. Nasim Bibi for her son Tariq convicted accused, which was refused by the deceased. On the day of occurrence, Mst. Hasan Bibi acquitted accused came to the house of her Mother Barkat Ali deceased alongwith her son Arif appellant and Tariq and Khizar convicted accused and her daughter Mst. Barkat Bibi acquitted accused. At that time Barkat Ali deceased and his wife Mst. Iqbal Bibi and Mst. Naziran his daughter‑in‑law were present in the house. Mst. Hasan Bibi acquitted accused demanded the hand of Mst. Nasim Bibi for her son Tariq convicted accused, which the deceased refused. During the quarrel Mst. Hasan Bibi acquitted accused extended threats to her brother Barkat Ali deceased and his son. Bashir Ahmad father of Mst. Naziran, who lived in the adjacent house, also came there. The dispute continued with exchange of abuses. According to the prosecution version as given by Mst. Nasim Bibi in the F.I.R. Accordingly, Arif appellant and Tariq and Khizar convicted accused, acting under the influence of his mother and sister's exhortation, attacked Barkat Ali deceased with their daggers and injured him fatally. Considering that Arif appellant acted under the influence of his mother and sister's exhortation, we have no hesitation in holding that he is entitled to the lesser penalty.

3. For the foregoing reasons, this appeal is accepted and whilst maintaining the conviction and sentence of Arif appellant under section 307/34, P.P.C., we would alter his sentence under section 302/34, P.P.C. to imprisonment for life with a fine of Rs.3,000 or in default thereof to suffer further R.I. for a period of one year. The fine, if realized, shall be paid as compensation to the heirs of Barkat Ali deceased. The benefit of the provisions of section 382‑B, Cr.P.C. shall also be granted to the appellant. N.H.Q./T‑100/S Sentence reduced.