Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----S.302(b)---Constitution of Pakistan (1973), Art. 185(3)---Consistent plea of the accused from the very beginning was that he had committed the murders under sudden and grave provocation---Leave to appeal was granted to the accused to consider whether in the peculiar circumstances of the case he was not entitled to mitigation of sentence and whether the impugned could be sustained in law in view of the principles for appraisal of evidence laid down by Supreme Court in criminal cases. ORDER RANA BHAGWANDAS, J.---Petitioner-convict seeks leave to appeal against judgment dated 29-1-2001, rendered by a Division Bench of the High Court of Balochistan, Quetta, confirming his conviction and sentence for the murders of his wife Mst. Bibi Fatima and his mother-in-law Mst. Jan Bibi committed on 9-6-1999 by means of TT pistol. 2. The facts of the case appear to be that after committing the above said two murders, petitioner alongwith the crime weapon appeared before Asad Khan Nasir, S.H.O. Police Station Quaidabad, Quetta, with version of the incident that he suspected illicit relationship of his wife Mst. Bibi Fatima with Muhammad Ali and Ali Nawaz. As regards his mother-in-law, his stance was that she being fully aware of the said affair had been abetting and shielding his wife, leading to the frustration. On the fateful day he had expressed reservations about the character of his wife, whereupon she used abusive language and insulted him. His mother-in-law also joined his wife in compounding the sudden and grave provocation. According to the petitioner there was a sudden flare up leading to firing by him on his wife as well as his mother-in-law within the precincts of his house. 3. S.H.O. proceeded to the scene of occurrence as pointed out by the petitioner. He recovered the dead bodies of the deceased and referred them for post-mortem examination. During the course of investigation a child witness, namely, Amir Muhammad aged about 5 years gave eye-witness account of the incident. The prosecution examined as many as 11 witnesses and produced Chemical Examiner's Report in positive. 4. Petitioner in his statement did not deny the occurrence…

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