MUHAMMADAMIN Versus STATE

ORDER

SAAD SAOOD JAN, J.-- The petitioners alongwith two others were convicted by the Additional Sessions Judge at Kasur of two counts under section 302, read with section 34, of the Pakistan Penal Code for causing the death of Shaukat and Mst. Raj Bibi. The peti tioners were sentenced to death whereas the other two were sentenced to imprisonment for life. On appeal and reference the High Court acquitted the co-accused, converted the convictions of the petitioners to offences under section 304, Part-I, read with section34, and reduced-, their sentences to rigorous imprisonment for a period of seven years under each count. It also directed them to pay a fine of Rs.2,000 in respect of each charge. "

2. The only grievance of the petitioners before us is that in determining the quantum of sentences of imprisonment the High Court has omitted to notice the provision of Section 382-B, Criminal Procedure Code. It is to be noticed that the High Court had found that the petitioners had killed Shaukat and Mst. Raj Bibi under grave and sudden provocation when they found them in a compromising position. We have heard the learned counsel and also examined the record placed before us. Shaukat was 20 years of age while Mst. Raj Bib' was 16/17 years old at the time of occurrence. They were done to death cruelly. Even after taking into consideration the periods which the petitioners had spent in custody before their convictions, we do not think that the sentences of imprisonment awarded to them by the High Court are in any way excessive. Leave to appeal is refused.

M.I./M-259/S Leave refused.