SAMSON JOHN Versus MUHAMMAD FAROOQ
The present appeal has been preferred against the judgment dated 17-12-1991, whereby Mehr Mumtaz Hussain Lali, Additional Sessions Judge, Sialkot, convicted the appellant under the provisions of section 304, Part I, P.P.C. and sentenced him to 7 years' R.I. and a fine of Rs.10,000 or in default thereof to one year's S.I. The appellant was also extended the benefit of section 382-B, Cr.P.C.
By the same judgment, the co-accused of the appellant, namely, Muhammad Anwar, Muhammad Ashraf, Nasir Mahmood and Muhammad Latif alias Bhutta Sheikh, were acquitted.
2. Briefly stated the facts of the prosecution case as given in the complaint Exh.P.F., filed by the complainant Muhammad Yunis, are that the occurrence took place at about 12 o'clock on the night intervening between 18th and 19th August, 1989, in the house of Mst. Sughran Bibi sister of the complainant situated in Nai Abadi Sohawa. Mukhtar Ahmad husband of Mst. Sughran Bibi had gone to Saudi Arabia in connection with his employment. Muhammad Yaqoob brother of the complainant used to sleep in the house of Mst. Sughran Bibi with a view to look after his family members. The house of one Faqir Muhammad is situated in the neighbourhood of the house of Mst. Sughran Bibi. Faqir Muhammad has three sons and four adult daughters. They do-not enjoy good reputation in the area. People of bad character go on visiting the house of Faqir Muhammad so often. Muhammad Ashraf alias Achhu Pehlwan and Muhammad Latif alias Bhutta Sheikh accused called the notorious people in the house of Faqir Muhammad. They were desisted not to do so many a time by Muhammad Yaqoob deceased, but they did not give up bad activities. They threatened the deceased of dire consequences. All these facts were told to the complainant by the deceased and for this reason the complainant out of abundant caution slept in the house of Mst. Sughran Bibi in the night. The deceased had slept on the roof of the house. At about 12 o'clock in the night Muhammad Yaqoob deceased cried all of a sudden. The complainant and Mst. Sughran Bibi went to the roof hurriedly and found the accused surrounding the deceased. They all were armed with Chhuris at that time. Nasir Mahmood is son-in-law of Faqir Muhammad. The accused in their presence initiated barbaric murderous assault upon the deceased. Ashraf alias Achhu accused was the first to deliver two blows with his Chhuri landing on the right upper arm (Dola) of the deceased. Muhammad Anwar inflicted an injury with his Chhuri on the right side of abdomen of the deceased. Thereafter Zulfiqar alias Lali inflicted an injury upon the chest of the deceased, left side. Nasir Mahmood accused repeated the attack by causing an injury upon the chest of the deceased. Muhammad Latif alias Bhutta accused produced two wounds upon the left arm of the deceased near the elbow aqd left flank. Muhammad Yaqoob succumbed to the, injuries instantaneously. Ghulam Muhammad son of Noor Muhammad a neighbourer had also woke up after hearing shriek of the deceased. He too was sleeping on the roof of his house. When the complainant and others tried to rescue the deceased, the accused issued threats to their lives and for that reason they could do nothing towards saving the deceased. All the accused after inflicting injuries had thrown the dead body in the street from the roof of the house.
3. Earlier on, i.e. on 19-8-1989, the complainant got registered F.I.R. No.165 under sections 302, 148 and 149, P.P.C. at Police Station City Daska (Exh.P.E/1), based on an application (Exh.P.E.). However, as the police had got discharged the acquitted co-accused and had only submitted the challan against the appellant, Zulfiqar alias Lali therefore, the complainant had filed the instant complaint.
4. To support his case the complainant had produced nine P.Ws. in all. P.W.1 Akhtar Siddique Constable, P.W.2 Muhammad Sharif A.S.I., P.W3 Muhammad Yousaf, P.W.4 Muhammad Asghar Constable, P.W.5 Muhammad Azam, and P.W.6 Akhtar Naqash Draftsman, were the formal witnesses, whereas P.W.7 Dr. Saadat Ullah Cheema, Medical Officer, was a witness who had conducted the post-mortem examination on the dead body of Muhammad Yaqoob deceased and'1ad observed that it was a dead body of a young man aged about 25/30 years, with pale face. Eyes closed and mouth open. Rigor mortis were fully developed and post-mortem staining were present on the dependent part. Body was wearing a Lacha and a Qameez which were blood?stained. He found the following external injuries on the dead body:--
(1) ??????? An incised wound 3 x 1-1/2 c.m. vertically D.N.P. on the left side of chest, 3-1/4 c.m. medial to the left nipple. It was 4 c.m. from the sternum.
(2) ??????? An incised wound skin deep 4-1/2 x 1/4 c.m. transversed on the front of right chest crossing the right nipple in the middle.
(3) ??????? An incised wound 4 x 1-1/2 c.m. obliquely D.N.P. on the front of right side of chest in lower most part. It was 10 cm. from the right nipple.
(4) ??????? An incised wound 3 x 1 c.m. D.N.P. on the lateral aspect of left side of ??????????? abdomen.
(5) ??????? An incised wound 4 x'1 c.m. muscle deep on the front and lateral aspect of right arm obliquely and middle.
(6) ??????? An incised wound 2-1/2 x 1-1/4 c.m. on the outer aspect of right arm 1 c.m. lateral to the injury No.5, obliquely.
(7) ??????? An incised wound skin deep 2-1/2 x 1/4 c.m. on the outer aspect of left arm in lower part transversed in direction.
(8) ??????? An abrasion 1-1/2 x 1/2 c.m: on the back of chest in the middle obliquely on the left side.
On dissection, he found that under injury No.l, there was cutting of the skin, muscle, 5th rib close to sternum and there was cut to the pericardium and heart was also punctured. Chest cavity contained clotted blood. Under injury No3, there was fracture of 8th rib and also right lung was cut down and also the below. There was injury to the right diaphargm. Chest and abdominal cavity contained blood. Under injury No.4, there was cutting of the wall of the abdomen and also there was injury to the spleen. Spleen was iuptured. There was injury to the paritonium and it contained blood in the abdominal cavity. Under injuries Nos.2, 5, 6, 7 and 8, no bone injury detected. Stomach contained 8 ounces of fully digested food. Bladder was empty. Small intestines and large intestines contained gases alongwith the faecal matter in the large intestines. Rest of the organs NAD and healthy.
The death, in his opinion, was due to all the injuries collectively. But it was mainly due to injuries Nos.l and 3, which were fatal to life because due to these injuries the vital organs were injured. Both the injuries were ante?mortem and were caused by sharp-edged weapon. These injuries were sufficient to cause death in ordinary course of nature due to acute shock and haemorrhage. Injury No.4 was grievous and also by sharp-edged weapon. Injuries Nos.2, 5, 6 and 7 were simple, ante-mortem and caused by sharp-edged weapon. Injury No.8 was caused by blunt weapon and was simple.
The death in this case was instantaneously and the probable time between death and post-mortem was within 24 hours. After the post-mortem examination the well-stitched dead body, last-worn clothes, police papers and carbon copy of post-mortem report No.44/89, were handed over to Akhtar Siddique Constable. Exh.P.D. is the correct attested photostat copy of his post-?mortem report in this case. Exh.P.D./1 and Exh.P.D./2, the diagram showing the location of the injuries, are also attested copies of original diagram which were also in his hand and bear his signatures.
5. P.W.8, Muhammad Younas son of Muhammad Ibrahim had deposed that Muhammad Yaqoob deceased was his younger brother. In between the night 18/19th August, 1989, his brother Yaqoob slept in the house of his sister Mst. Sughran Bibi situated in Nai Abadi Sohawa, as his brother-in-law, husband of his sister, had gone abroad in connection with earning his livelihood. In those days, as his brother-in-law had gone abroad, Yaqoob deceased was regularly sleeping in their sister's house, to look after his sister and her children. House of Faqir Muhammad was also adjacent to the house of his sister as the houses were connected with each other by a western-northern corner. Faqir Muhammad has three sons and four young daughters. The people of the locality had not a good opinion about the family of Faqir Muhammad. Ashraf and Latif accused were on visiting terms in the house of Faqir Muhammad. They also used to accompany some other ill-reputed persons to the said house alongwith them. His deceased brother, Yaqoob asked them to refrain to bring such persons in house of Faqir Muhammad. He also asked them to refrain for the same. But they did not pay heed to it and they threatened them for the dire consequences. Two days prior to the occurrence, Yaqoob deceased again forbade them. On that day, on 'the following night, they came to the door of the house of his sister and called him out and again threatened with dire consequences. On the following morning his brother Yaqoob deceased and his sister Mst. Sughran Bibi informed him about the threats of the accused. He accompanied Yaqoob to the Police Station City Daska. A police official, in civil dress, met them there, to whom he told about the threats of the accused. He asked them to go back to their house, and promised to come to the spot and inquire about the matter, but he did not come according to his promise. Muhammad Yaqoob and Mst. Sughran Bibi requested him to sleep with them in the night as they were harassed due to threats of the accused. He also slept with them. He and Mst. Sughran Bibi slept in the courtyard, while Muhammad Yaqoob deceased slept on the roof of the house. At about mid-night he heard the shriek of Muhammad Yaqoob. He and Mst. Sughran Bibi went on the r9of of the house. They saw that Ashraf, Anwar, Zulfiqar, Nasir Mahmood and-Muhammad Latif alias Bhutta Sheikh all armed with Chhuris had encircled Muhammad Yaqoob. They threatened them not to come near, otherwise they will be done to death. They did not go near due to fear of the accused, but they raised alarm. Ashraf alias Achhu Pehlwan accused gave Chhuri blow on the right arm of Muhammad Yaqoob, he again inflicted Chhuri blow on the same arm. Anwar accused then inflicted Chhuri blow on right side of abdomen of Muhammad Yaqoob deceased. Then ZuIfiqar alias Lali accused inflicted Chhuri blow on the left side of chest of Muhammad Yaqoob. Nasir Mahmood accused then gave Chhuri blow on the right side of chest. Then Latif accused also inflicted Chhuri blow on the elbow of his left arm. Latif accused then again inflicted Chhuri blow to Muhammad Yaqoob which hit him on his left flank. Then Muhammad Yaqoob fell down (roof top of the house) and expired. All the accused then lifted Muhammad Yaqoob deceased and threw him in the street and ran away alongwith their Chhuris to the house of Faqir Muhammad. Anwar and Zulfiqar accused are sons of Faqir Muhammad. Nasir Mahmood accused is the son-in-law of Faqir Muhammad. Ashraf and Latif accused are friends of other accused. All this occurrence was witnessed by them in the light of bulb which was lightening on the rooftop of the house. After the occurrence he went towards police station, when they reached Circular Road Daska, Fazal Hussain, Inspector met them, there. Then he submitted his written application. He has seen Exh.P.E., which is the correct photostat attested copy of the application in his hand and Fazal Hussain, Inspector endorsed on his application and asked him to go to police station for registration of a criminal case. Then he went to the police station. He submitted his application at police station, on the basis of which the case was registered.' He went back to the place of occurrence. Fazal Hussain, Inspector started investigation, but on the very first day he collaborated with the accused and tried to damage their case in collusion with the accused party. The companions of the accused remained sitting on the door of the police station and abused them and did not allow them to enter in the police on the asking of Fazal Hussain, Inspector. Dissatisfied with the investigation conducted by Fazal Hussain, Inspector he submitted an application before the D.I.-G., Gujranwala for transfer of the investigation, but no action was taken on this application. Then he again submitted an application before the I.-G., Punjab, Lahore, and under his orders the investigation was transferred to Muhammad Hussain, D.S.P., Crimes Branch, who did not join them in the investigation and in collusion with the accused declared four persons as innocent. Then he again submitted an application before the I.-G. Punjab for retransfer of the investigation and the investigation was transferred to Raja Manzoor, Additional Superintendent of Police, Gujranwala. He also did not visit the spot and join them with the investigation and endorsed the findings of the previous Investigating Officer. Dissatisfied with these investigations, he had filed the complaint in question (Exh.P.F.) alongwith list of witnesses (Exh.P.F./1) which bear his signatures and was drafted under his instructions.
6. P.W.9, Mst. Sughran Bibi wife of Mukhtar Ahmad, had deposed that on the night between 18/19-8-1989, Yaqoob deceased, her younger brother, was sleeping on the roof while she alongwith her brother Muhammad Younas and her children were sleeping in the courtyard of their house. At about mid? night they heard the shrieks of Yaqoob deceased. She, alongwith her brother Muhammad Younas P.W. rushed to the roof where Yaqoob was sleeping. They saw there five persons, namely, Anwar, Ashraf, Zulfiqar, Nasir Mahmood and Muhammad Latif alias Bhutta Sheikh all armed with Chhuris had encircled her brother Yaqoob. They beseached the accused, but they threatened them that if anyone come near he would be killed. Then Ashraf accused gave two Chhuri blows to Yaqoob at his right upper arm. Anwar ? accused gave Chhuri blow on the right side of his abdomen. Then Zulfiqar acct acted Chhuri blow on the left side of his chest. Then Nasir Mahmood gave Chhuri blow on the right side of the chest of the deceased Yaqoob. Then Latif alias Bhutta Sheikh gave two Chhuri blows, one on the left elbow and the other on the left flank of Muhammad Yaqoob. Her brother Yaqoob fell down and died on the spot. Then the accused threw his dead body in the street and ran away. They saw the occurrence in the light of bulb which was lightening on the roof.
7. The complainant tendered in evidence report of Chemical Examiner (Exh.P.G.) pertaining to the blood-stained earth and that of Serologist
(Exh.P.H.). He also tendered report of Chemical Examiner pertaining to blood-stained Chhuri (Exh.P?J.) and that of Serologist (Exh.P.K.) and closed his evidence.
8. The learned trial Court had summoned four C.Ws. and recorded their evidence. C.W.1, Atta Ullah Sub-Inspector, had deposed that on 19-8-1989, while working as Additional Station House Officer, Police Station Daska, on receipt of the application (Exh.P.E.) endorsed by Fazal Khan, Inspector/S.H.O., he recorded the formal F.I.R. (Exh.P.E./1) which is in his hand and bears his signatures. The formal F.I.R. and the application were. sent back to the Investigating Officer at the spot through Khadim Hussain Constable.
C-W.2, Fazal Khan; Inspector, had deposed that on 19-8-1989, he was posted as S.H.O. Police Station City Daska, and was on petrol duty at about 12 night near Chowk Circular Road Da" when Muhammad Younas complainant submitted an application, attested copy of which is Exh.P.E. After endorsement he sent this application for registration of case through Muhammad Younas complainant. He proceeded to the spot and prepared inquest report, photo copy attested by him is Exh.C.W.2/A. He inspected the spot and secured blood-stained earth from the place of occurrence through recovery memo., attested copy of which is Exh.C.W.2/B. He also took into possession two blood-stained bed sheets Exhs.C.W.2/1 and C.W.2/2, through recovery memo attested copy of which is Exh.C.W.2/C. He prepared rough site plan of the place of occurrence, photocopy of which is Exh.C.W.2/D. He despatched the dead body for post-mortem examination through Khalid Hussain and Siddique Anwar Constables. After the post-mortem examination, he took into possession the blood-stained clothes of the deceased (Lacha P.1 and shirt P.2) produced by Siddique Anwar Constable, through recovery memo., attested copy of which is Exh.PA. He recorded the statements of the P.Ws. and prepared the injury statement, photo copy of which is C.W.2/E. On 20-8-1989 he got prepared the site plan of the place of occurrence from Akhtar Naqash, Draftsman. On 21-8-1989 he arrested Anwar, Nasir Mahmood and Abdul Latif accused and obtained their physical remand. On 27-8-1989 he arrested Muhammad Ashraf and Zulfiqar accused and obtained their physical remand. On 31-8-1989, he recorded the statement of Ghulam Muhammad P.W. under section 161, CrY.C. On 6-9-1989, Zulfiqar accused while in police custody led to the recovery of blood-stained Chhuri P.3, through recovery memo attested copy of which is Exh.P.B. On 8-9-1989, investigation of this case was transferred to C.I.A. under the orders of the S.P., Sialkot. On 27-8-1989 on the arrest of Zulfiqar accused, his injury statement was prepared, photocopy of which is Exh.C.W.2/F, and he was got medically examined.
10. C.W.3, Dr. Muhammad Nasrullah Khan, Medical Officer, had deposed that on 27-8-1989 at 12-15 p.m. he examined Zulfiqar Ali son of Faqir Muhammad, who was brought by the police and found following injuries on his body:--
(1) ??????? An incised wound in healing condition of the size 2 c.m. in length horizontal in direction on the middle of right hand on ulnar side. The wideth and the depth of the wound was not assessed because wound was in healing condition.
(2) ??????? An incised wound 2 x 1/2 c.m. depth and wideth of the wound not assessed. The wound was infected and was stitched and was present on the palmer aspect of right hand 1 c.m. above the base of thumb of right hand.
(3) ??????? A healed abrasion 1/2 c.m. x 1/2 c.m. on the do isem of big toe of left foot.
All the injuries were simple. Injuries Nos.l and 2 were caused by sharp-edged weapon, while injury No.3 was caused by blunt weapon. The probable duration of the injuries was within 8 to 10 days.
11. C.W.4, Muhammad Hussain, D.S.P. deposed that he partly investigated this case. On 14-9-1989 the, investigation of the case was transferred to him under the orders of the I.-G., Punjab, Lahore, while he was posted as D.S.P. Crimes Branch, Lahore. On 26-9-1989, he went to the place of occurrence, inspected the spot and recorded the statements of the complainant and the P.Ws. in the daily diary. He also inquired about the occurrence from the other persons available there. On 27-9-1989, he went to the District Jail, Sialkot, where he inquired the matter from the accused and incorporated their statements in the daily diary. On return to Rest House Daska, the evidence in defence was produced by the accused. From the side of Nasir Mahm6od accused, 32 persons; from the side of Muhammad Anwar accused, 43 persons and from the side of Ashraf accused 35 persons appeared as witnesses; and he had recorded their statements individually and jointly. However, no witness appeared from the side of Zulfiqar accused. On 30-9-1989, he interrogated the matter from the complainant side and also from the accused side. Again on 4-10-1989, he recorded the statements of the witnesses producd from either side. After investigating the matter on different dates, he ultimately come to the conclusion that except Zulfiqar accused all the remaining four accused were found innocent.
12. In his statement under section 342, Cr.P.C. Zulfiqar accused took the plea of grave and sudden provocation and accepted the responsibility of inflicting injuries on the person of Muhammad Yaqoob deceased and categorically denied the presence of other co-accused at the time of occurrence. He also producsd Mst. Qamar Sultana, his real sister, as D.W.1. He did not opt to appear as his own witness under section 340(2), Cr.P.C. All the other co-accused denied the allegation and deposed that they were innocent and were discharged by all the investigating agencies. In their statements under section 342, Cr.P.C. they stated that they will not produce any defence evidence and will not appear as their own witnesses under section 340(2), Cr.P.C. in disproof of the charges against them.
13. The defence version of Zulfiqar accused is that he inflicted injuries on the person of Muhammad Yaqoob deceased while he lost his self-control under grave and sudden provocation on seeing his real sister Mst. Qamar Sultana lying with the deceased on one cot in the night. He, in reply to a question, had stated as follows:--
"The witnesses appearing against me, namely, Muhammad Younas and Mst. Sughran Bibi particularly are false witnesses. They have deposed against me falsely and against others also as Muhammad Yaqoob deceased, their brother, was killed. The real fact is that 3/4 months prior to the night of occurrence Muhammad Yaqoob deceased developed illicit intimacy with Mst. Qamar Sultana, my sister, who was virgin at that time. He was a bad character. He used to tease and cut indifferent jokes with the other girls of the Mohallah as well. It was unfortunate that my parents when knew about the aforesaid illicit intimacy had been sending Mst. Qamar Sultana to the house of my sister but the deceased used to visit there as well. My parents approached the parents of the deceased as well as Muhammad Younas P.W. to accept Mst. Qamar Sultana for her marriage with Muhammad Yaqoob deceased, but they refused stating that my parents were poor people and there could not be any connection between the two families as such. Most unfortunately on the night of occurrence, when I came out from the room of my house where I was sleeping at night about 11 or so, for urinating, I saw the cot of Mst. Qamar Sultana lying vacant. I searched her in my house. She was nowhere available. I had the confirmed belief at that time that it could be Muhammad Yaqoob deceased who had abducted Mst. Qamar Sultana. I, therefore, took a Chhuri from my house and went out in search of both of them. Having been disappointed, I then went on the roof of Mst. Sughran Bibi P.W., suspecting the presence of Mst. Qamar Sultana and the deceased in the said house. One could go to the roof of Mst. Sughran Bibi P.W. from my house very easily. As soon as I went up on the said roof I saw Muhammad Yaqoob deceased and Mst. Qamar Sultana my sister lying on the one and the same cot. They were lying in an objectionable condition. I lost my self?-control, seeing them in such a position. When stepped forward and got near the cot Muhammad Yaqoob deceased get up and tried to grapple with me. I inflicted two Chhuri blows on right arm and he fell down on the cot mentioned above. In the meanwhile he got up again and started grappling. I desired to do away with the life of my sister who slipped away in the meanwhile. Muhammad Yaqoob deceased after getting up from the cot again caught hold of my collar. I again inflicted Chhuri blows on the various parts of his body. He went on grappling with me and I went on giving Chhuri blows. Till ultimately we were driven to the last edge of the roof towards the street in front of the house of Mst. Sughran Bibi P.W. in the same condition we both fell down in the street with our legs and feet downward. I again gave him one/two more Chhuri blows in the street and I ran out with my Chhuri in search of my sister, Mst. Qamar Sultana, in my house. She was not found out from there too. I thereafter went to the house of Muhammad Anwar who lived in Mohallah Habeebpura during those days and asked about Mst. Qamar Sultana, she was not there too. I narrated the incident in the manner as stated above before Anwar, my co-accused, who turned me out. I suffered injuries on my person when falling down with the deceased in the street from the roof and inflicting injuries to the deceased with my own Chhuri as well as he to falling down. None saw this occurrence. No other accused was present at that time and joined hands with me. I inflicted Chhuri blows to the deceased when i lost self-control and had no command on my senses, under the stress of grave and sudden provocation in the situation as stated above. I appeared before the police voluntarily, made my statement before all the Investigating Officers in line with my statement as being stated before this Honourable Court. There was no recourse left for me being an ordinary human being except to inflict injuries to the deceased with a Chhuri already with me under ?Ghairat?."
14. The learned counsel for the appellant submitted that he shall only contend for the reduction of the sentence to the period already undergone in view of the fact that the appellant had been sentenced only on the basis of his own statement under the provisions of section 342, Cr.P.C. Therefore, further argued, that in such a case Superior Courts had time and again reduced the sentences to two or three years' R.I.
To support his contention, the learned counsel, placed reliance upon the-following cases:--
(1) ??????? Khair Muhammad v. The State 1969 P Cr. L J 446, wherein the sentence of seven years' R.I. awarded under section 304, Part I, P.P.C. was reduced to three years' R.I.
(2) ??????? Chiragh v. The State 1970 P Cr. L J 1199, wherein two years' R.I. already undergone by the accused awarded under sections 302 and 307, P.P.C. was altered to one under sections 304, Part I and 308, P.P.C. and was held sufficient to meet the ends of justice.
(3) ??????? Khuda Bakhsh v. Muhammad Ramzan and another 1972 P Cr. L J 243, wherein the sentence of two years was held to be quite adequate under section 304, Part I, P.P.C.
(4) ??????? Ghulam Shabbir alias Shabbu v. The State 1974 P Cr. L J 405, wherein the appellant's sentence of 10 years had been reduced to one already undergone by him i.e. more than two years, as he had admitted to have killed the deceased on grave and sudden provocation on finding him molesting his sister.
In this respect, the learned counsel for the appellant further pointed out that the appellant had already suffered more than 'three years of imprisonment. Further, pointed out that the appellant had been extended the benefit of section 382-B, Cr.P.C. by the learned trial Court.
15. On the other hand, the learned counsel for the State argued that the appellant had already been dealt with leniently; and that seven years' R.I. awarded to him does not call for any interference. Further, argued that reduction of sentence awarded to the appellant to one already undergone by him shall be too lenient sentence under the facts and circumstances of the present case.
16. After having heard the learned counsel for the appellant and the State at length and after having perused the record with their assistance, it is observed that it is an established fact that the appellant had killed the deceased under grave and sudden provocation on finding the deceased in a compromising position with his real sister. Therefore, the conviction of the appellant under the provisions of section 304, Part I, P.P.C. is unexceptional. However, as the conviction of the appellant is solely based on his own statement under section 342, Cr.P.C., therefore, while dismissing the present appeal, it is deemed appropriate to reduce the sentence of seven years' R.I. E awarded to the appellant to four years' R.I. only; which shall meet the ends of justice under tht facts and circumstances of the case. However, fine of Rs.10,000 imposed on the appellant and one year's S.I. in default thereof is hereby maintained.
N.H.Q./Z-86/L ?????????????????????????????????????????????????????????????????????????????????? Sentence reduced.