Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(c)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to complainant by Supreme Court to consider whether High Court was justified in altering the conviction of accused from S.302(b), P.P.C. to S.302(c), P.P.C. (b) Penal Code (XLV of 1860)--- ----Ss. 302(c) & 302(b)---Appraisal of evidence---Accused had not at all alleged to have committed the offence under grave and sudden provocation, but had taken the plea of alibi which had not been proved on record---Even otherwise, nothing was available on record to suggest that the accused had committed the murder of his wife under grave and sudden provocation---High Court, thus, had erred in altering the conviction of accused from S.302(b), P.P.C. to S.302(c), P.P.C. and reducing his sentence from death to ten years' R.I. ---Impugned was consequently set aside and conviction of accused under S.302(b), P.P.C. was restored---Sentence of death primarily awarded to accused, however, was not restored as he had already served out ten years of his sentence and he was sentenced to imprisonment for life in circumstances. JUDGMENT MIAN MUHAMMAD AJMAL, J.---This appeal by leave of the Court is directed against the judgment of the Lahore High Court, Multan Bench, Multan dated 31-10-1995, whereby Criminal Appeal No.91 of 1992 of respondent No. 1 was partly accepted, in that, his conviction was altered from section 302(b) to section 302(c), P.P.C., his sentence was modified from death to 10. years' R.I. with benefit of section 382-B, Cr.P.C. and Murder Reference No.184 of 1992 was answered in negative. 2. Brief facts as per F.I.R. are that on 2-4-1991 at 7-00 a.m., Mujahid Akhtar complainant alongwith Ghulam Muhammad was passing near the house of her sister Mst. Jamila Surraya Khanum, they upon hearing noise entered the house and saw Muhammad Azam nephew of the complainant, standing in the courtyard and Abdul Hamid husband of Mst. Jamila Surraya Khanum armed with Kulhara was quarrelling with her and he then suddenly started giving blows to her hitting her head, arm and other parts of the body as a result of which she fell down and died. They tried to apprehend…

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