Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302 Appreciation of evidence Sentence Plea of grave and sudden provocation Case of two versions in which time, place and weapon used during occurrence were admitted factors Presence of prosecution witnesses at the spot at relevant time was doubtful as both prosecution witnesses were residents of other village which was about three furlongs away from place of occurrence and they could not establish reason of their presence at the spot Both eye witnesses claimed that they saw the occurrence in light of lantern, but presence of lantern was neither shown in site plan nor was mentioned in first inspection report prepared by Investigating Officer During investigation no lantern was ever taken into possession by Police Officer Motive of occurrence as set up by prosecution based on sole statement of complainant, which could not be proved, was rightly taken out of consideration by Trial Court ¬Evidence relied upon by prosecution, was not worth reliance and same could not be taken into consideration for convicting accused on capital charge Defence plea taken by accused during trial that he committed murder of deceased under grave and sudden provocation in order to protect honour of his sister, inspired confidence in view of statement made by sister of accused which rang true and lent ample support to plea taken up by accused before Trial Court Presence of both eye witnesses at relevant time being doubtful, conviction of accused under S.302(b), P.P.C. was not sustainable Defence plea taken up by accused attracting provisions of S.302(c), P.P.C., accused was convicted accordingly and was sentenced to imprisonment for ten years R.I. instead of imprisonment for life. Ch. Muhammad Hussain Chhachhar for Appellant Malik Muhammad Azam for the State. Date of hearing: 6th June, 2001. JUDGMENT Appellant namely Muhammad Ikram son of Bashir Ahmad was tried by the learned Additional Sessions Judge, Depalpur, District Okara for the murder of one Muhammad Yaseen in case F.I.R. No.372 of 1994, dated 4 9 1994 under section 302, P.P.C. registered at Police Station Haveli Lakha, who vide judgment, dated 26 2 1998 convicted and sentenced the appellant under…

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