Law: Pakistan Penal Code, 1860

Section: 302(a),302(b),302(c)

Law: Criminal Procedure Code (V of 1898)

Section: 99,203,342,382-B,544-A

(i) Pakistan Penal Code, 1860-- ----S. 302(b)--Conviction & Sentence--Appreciation of evidence--Held : It was a case of two versions--According to the defence version accused having come to know about immoral act of deceased with his daughter lost self control and due to gairat under grave and sudden provocation, fired at the deceased--It could hardly be suggested that accused was provoked and instead of setting the machinery of law at motion, took the law in his own hands, on the excuse of grave and sudden provocation--Convication and sentence not interfered--Leave refused. (ii) Criminal Trial-- ----Gairat and family honour--Held: The commission of an offence due to gairat or family honour, must be differentiated from the grave and sudden proviocation--The plea of grave and sudden provocation may not be available to an accused who having taken the plea of ghariat and family honour, committed the crime with pre-meditation. THIS JUDGMENT PASSED BY: MUHAMMAD NAWAZ ABBASI, JUSTICE:---.--- This petition is directed against the judgment dated 27.4.2003 passed by the Lahore High Court, Lahore in Murder Reference No. 111/99, Crl. A. 203/99 and Criminal Revision No. 186/99 whereby the sentence of death awarded to the petitioner by the learned Sessions Judge, Mianwali, under Section 302(b) PPC was converted into imprisonment for life with the direction to pay compensation of rupees one lac to the legal heirs of deceased under Section 544-A, Cr.P.C. and in default thereof to undergo R.I. for two years. The benefit of Section 382-B Cr.P.C. was also allowed to the petitioner and his criminal appeal with reduction of sentence was dismissed. The murder reference was answered in the negative and criminal revision filed by the complainant was also dismissed. 2. The facts in the background in small compass, as narrated in the FIR (Ex. PE) lodged by Abdul Rauf son of Allah Yar, complainant, at Police Station Piplan, District Mianwali, are that on 6.4.97 at about 6:00 p.m. he alongwith Ghulam Sarwar, Rab Nawaz and Muhammad Ibrahim, on receipt of information regarding murder of Amir Sultan, his cousin, were proceeding towards Jal Shumali at the trial of MOGA (outlet) of Hakim…

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