Law: Pakistan Penal Code, 1860

Section: 302

Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Prosecution case was that the accused and his wife suddenly developed a quarrel and on the basis thereof accused was enraged and caused fire-arm injury to his wife with pistol, which injury led to her death---FIR was lodged by the son of the accused---Record showed that accused in his statement recorded under S. 342, Cr.P.C. had maintained that he had not caused any injury to his wife---On the day of occurrence daughter of accused came inside the house weeping and told him that her mother, deceased, was abused by a person in the street---Accused took his pistol and rushed towards main gate of his house, his wife entered through main gate and hurriedly pushed him back and over-powered pistol, which already loaded went off in her hands and hit her---Record transpired that there was no previous motive for the commission of offence---Incident in issue had erupted all of a sudden without any pre-meditation, whatsoever---Medical evidence showed that the deceased had received one shot of pistol on inner angle of her left eye, charring marks were present, which showed that injury had been caused to deceased very closely and might be a result of overpowering of pistol---Eye-witness had stated in his examination-in-chief that deceased was not allowing the accused from going outside the house, while he was holding .30 bore pistol in hand---Said facts of the case squarely attracted Exception-4 contained in (erstwhile) S. 300, P.P.C.---Appeal was partially allowed, in circumstances, and conviction of accused for the offence under S. 302(b), P.P.C. was converted into an offence under S. 302(c), P.P.C.---Consequently sentence of accused was reduced from life imprisonment to imprisonment for ten years in the circumstances Piran Ditta v. The State 1993 SCMR 1934; Ali Muhammad v. Ali Muhammad and another PLD 1996 SC 274; Azmatullah v. The State 2014 SCMR 1178 and Zeezhan Shahni v. The State PLD 2017 SC 165 rel. THIS JUDGMENT DELIVERED BY: ABDUL SHAKOOR, JUSTICE:---.--- Sadiq Ali appellant, was booked in case FIR No.303 of 2014 registered, Police Station Lakki District Lakki…

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