Law: Pakistan Penal Code, 1860

Section: 302(a)(b)(c),299

Penal Code (XLV of 1860)--- ----Ss. 302(a)(b)(c) & 299 (as amended by Code of Criminal Procedure (Amendment) Act (VI of 2004))---Qatl-i-amd---Plea of honour killing---Grave and sudden provocation---Appreciation of evidence---Scope and application of clause (c) of S.302, P.P.C.---Accused killed the deceased when he found him with his (accused's) wife in objectionable condition in accused's house---Accused confessed his guilt in the name and on the pretext of honour---Trial Court convicted the accused under S.302(c), P.P.C. and sentenced him to three years simple imprisonment---Validity---Offence committed on the pretext of ghairat or family honour was different from the one committed on the ground of grave and sudden provocation which would be determined by looking into the circumstances of each case---Pre-planned murder with knowledge of immoral act of deceased would not be covered by S.302(c), P.P.C. which would be attracted in cases where ingredients of qatl-i-amd embodied/given in clauses (a) and (b) were missing---Case of accused fell within ambit of S.302(c), P.P.C.---Defence of honour of one's wife fell within ambit of S.302(c), P.P.C. for the reason that accused had no intention to take revenge or made preparation for commission of offence or received information of deceased's act---Rather accused saw deceased in compromising condition with his wife as he arrived home and committed murder of deceased on sudden provocation with axe he was carrying for cutting wood---Sudden provocation depriving a person of (self) control and resulting in an act without previous notice could not be saddled (equated) with immorality---Incident (murder) took place on the spur of the moment upon grave and sudden provocation defending honour of wife of accused which constituted mitigating circumstance---Case against accused was one of no evidence---Accused was acquitted of charges, in circumstances. JUDGMENT ABDUL LATIF KHAN, J.---Through this single judgment we propose to decide Criminal Appeal No.2 of 2012 filed by convict/appellant Aurangzeb against his conviction passed by learned Additional Sessions Judge-IV, D.I. Khan dated 18-1-2012 vide which he has been convicted…

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