Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence---Sentence, reduction in---Prosecution case was that the accused reported to the police that when he entered into his house at 9.30 p.m., he found an unknown person with his wife in the room in objectionable/ compromising condition, which made him to take out his pistol and fired at that person, who died on the spot---Record showed that FIR was promptly lodged on the report of the accused, bearing his signature, therein confessed the qatl-i-amd of deceased by him---Recovery of the pistol from his possession, emitting smell of fresh discharge, recovery of one crime empty of .30-bore from the spot matching the result of the firearm expert, confirmation of scene of occurrence situated inside room of the house of the accused through positive result of the Forensic Science Laboratory regarding blood-stained earth secured from the spot and blood garments of the deceased---Post-mortem report showing one firearm entry wound on the deceased; confessional statement of the accused, were overwhelming pieces of evidence to cast any doubt about commission of the offence in the mode and manner disclosed in the FIR by the accused himself---Single shot fired at the deceased by the accused, which caused his death, while he spared the life of his wife, would leave no doubt that it was not a case of honour killing to invoke the provision of S. 302(b), P.P.C. for awarding sentence of life imprisonment---Circumstances and facts of the case suggested that after seeing an unknown person with his wife in the room of his house, the accused was angered and lost control and committed qatl-i-amd, which would fall in the category of grave and sudden provocation, excluding the possibility of premeditated murder, falling under S. 302(c), P.P.C.---While maintaining conviction of the accused, sentence was altered from life imprisonment under S. 302(b), P.P.C. to rigorous imprisonment for ten years under S.302(c), P.P.C. in circumstances. Ali Muhammad v. Ali Muhammad and another PLD 1996 SC 274 rel. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---.--- This single judgment in the instant appeal shall…

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