ALLAH YAR vs THE STATE

1. ' SAIDUZZAMAN SIDDIQUI, J.---This appellant was tried along with Akbar Shah, Muhammad Hanif, Muhammad Anwar and Muhammad Sarwar for committing murder of one Riaz Ahmed under section 302, P.P.C. By Additional Sessions Judge-H, Bahawalnagar. The trial Court convicted appellant and Akbar Shah under section 302/34, P.P.C. And sentenced appellant to death and Akbar Shah to life imprisonment. They were also directed to pay fine of Rs,5,000 each which on recovery was directed to be paid to the heirs of the deceased as compensation and in default of payment of fine they were to suffer RA. For two years each. The remaining three co-accused were acquitted in the case by the trial Court.

2. On appeal High Court maintained the conviction and sentence of appellant awarded by the trial Court but acquitted Akbar Shah in the case. Leave was granted in the case by this Court against the judgment of High Court only to consider the propriety of sentence awarded to the appellant in the circumstances of the case.

3. ' According to the F.I.R. In the case the murder of Riaz Ahmed had taken place as a sequence of abduction of the sister of appellant, Mst. Anwar Bibi, by the complainant, the brother of the deceased. Sajjad Ahmed P.W. 6 in this statement before the Court also stated as follows:--- "About two years ago one week prior to the present occurrence at User' Wela time I was passing by the shop of Riaz deceased where I saw all the five accused present in the Court who were quarreling with Riaz and they were threatening to kill him. In the meanwhile Abdul Salam came there. We both intervened the matter and rescued the deceased from the clutches of the accused.

4. The accused were saying that they will teach him a lesson regarding the abduction of Mst. Anwar Bibi."

5. The prosecution had itself disclosed the motive for commission of the offence, as the abduction of the sister of the appellant by the deceased's brother. The prosecution witness Sajjad Ahmed in his statement on oath before the trial Court also stated that one week prior to the incident, the appellant had quarrelled with the deceased and threatened him that he (the appellant) would teach him (deceased) the lesson for abducting his (appellant's) sister, Anwar Bibi. In these circumstances, and keeping in view that the appellant was a young man of about 20 years of age at the time of commission of the offence, the possibility that he acted under the impulse of rehabilitating his family honour could not be ruled out. We, accordingly, partly allow the appeal and convert the death sentence of appellant to imprisonment for life. The sentence of fine is maintained and in addition to it the appellant is directed to pay a sum of Rs,25,000 by way of compensation under section 544-A, Cr.P.C. To the heirs of the deceased and in default thereof he will suffer further R.I. For six months. The benefit of section 382-B, Cr.P.C. Will be available to the appellant.

6. Sentence reduced.