MST. BASHIRAN Versus THE STATE

Mst. Bashiran wife of Maqbool Ahmad, appellant alongwith Maqbool Ahmad, her husband and Zulfiqar Ali, her son faced trial under section 302/34, P.P.C. for committing the murder of Muhammad Ibrahim before the learned Additional Sessions Judge, Leiah who vide his judgment, dated 7-6-1992 finding Mst. Bashiran appellant guilty under section 302(c), P.P.C. convicted her and sentenced her to six months' R.I. with a fine of Rs.8,000 and in default thereof to suffer further R.I. for six months. The fine, if recovered was ordered to be paid to the legal heirs of the deceased as compensation. Maqbool Ahmad and Zulfqar accused were, however acquitted of the charge.

2. Initially case was registered against the appellant and the acquitted accused on the statement Exh.P.E. of Ibrahim deceased recorded by Muhammad Shafi, A.S.I. in Primary Health Centre, Fatehpur under section 314/34, P.P.C. but later, on the expiry of Ibrahim deceased, section 302, P.P.C. was substituted.

2. According to the prosecution story as contained in the F.I.R., Zulfiqar, the acquitted accused and the appellant caught hold of the deceased whereas Maqbool Ahmad the acquitted accused inflicted a Chhuri blow in his belly which proved fatal.

3. Dr. Muhammad Iqbal P.W.3 medically examined Muhammad Ibrahim deceased and found a stab wound in epigestrium just below the lower end of sternum. The wound was of the size of 5 c.m. x 1-1/2 c.m. x muscle deep. Dr. Sikhawat Ali P.W.4 proved the post-mortem report of the deceased.

4. Chhuri P.3 recovered at the instance of Maqbool Ahmad, the acquitted accused was taken into possession and sent to the Chemical Examiner. Rehmat Ali P.W.7 a sole eye-witness of the occurrence has supported the prosecution case in tooth and nail.

5. The appellant in her statement under section 342, Cr.P.C. pleaded as under:--

My husband and my son were not present in the occurrence. That day I was preparing and cutting vegetables in my house near the place of occurrence which is a thoroughfare. On the noise of my children I hurriedly rushed to the spot. The children of deceased family were quarrelling and beating my children. The deceased had come there with a stick. The deceased also started beating my children and I prohibited him. He started abusing profusely and gave me a stick blow. The deceased became naked just close to me and tried to give me a second stick blow when under that situation of sudden and grave provocation and to ward off the attack I gave a Chhuri blow. I am innocent. My husband and my elder son were involved dishonestly to dispossess them from the property in possession of my husband.

The appellant also produced evidence in her defence.

6. The learned counsel for the appellant in view of the defence plea raised at the trial without challenging the conviction of the appellant under section 302(c), P.P.C. prayed for reduction of sentence to the period already undergone by her, as there is no female in her house to look after her six small kids.

7. Learned counsel appearing on behalf of the State has not opposed the prayer for reduction in sentence.

8. I, after giving due consideration to the facts of the case, am of the view that no exception can be taken to the conviction of the appellant under section 302(c), P.P.C. awarded to her by the trial Court. However, the question regarding the sentence needs consideration.

9. Admittedly the appellant caused one single blow to the deceased and that too with an ordinary kitchen knife in retaliation of the action of the deceased under grave and sudden provocation. The appellant was arrested on 24-8-1991 and remained in jail for a period of about two years and two months both as under-trial prisoner and convict. Taking into consideration the circumstance of the case under which the appellant committed the offence, the '4 sentence to the extent of period already undergone by her shall be sufficient to meet the ends of justice. However, the sentence of fine is maintained. With the above modification in the sentence, the appeal is dismissed. The appellant is in jail who shall be released forthwith on her making payment of fine, if not required to be detained in any other case.

N.H.Q./B-110/L Sentence reduced.