Law: Penal Code (XLV of 1860)

Section: 302(b),302(c)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Time of arrival of police at the crime scene---Plea that there was contradiction between eye-witnesses with respect to the time at which police arrived at the crime scene---Held, that such contradiction was neither significant nor material---Crime took place in the dead of night and if there was a discrepancy as to the time when the police arrived, it was understandable as witnesses were not expected to keep an eye on the watch when faced with the shock of a killing they had witnessed---Conviction and sentence of accused under S.302(b), P.P.C was maintained---Petition for leave to appeal was dismissed and leave was refused. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 302(c)---Murder of wife---Re-appraisal of evidence---Whether there was grave and sudden provocation---Plea of accused-husband that his deceased-wife was a woman of bad character---Held, that there was nothing on record to substantiate such plea---Accused also did not lead evidence to establish this nor repeated this allegation by opting to testify on oath under S.340(2), Cr.P.C., undoubtedly, to avoid being cross-examined---Moreover, if the statement of accused under S.342, Cr.P.C. (which was not on oath and regarding which the accused could not be cross-examined) was accepted in its entirety then too it did not make out a case of grave and sudden provocation---What the statement of accused under S.342, Cr.P.C. disclosed was that he was familiar with the deceased's character, yet he elected to marry her but realized that she had not reformed---On the fateful day the accused had merely seen his wife in the company of a man, without observing indecent or even improper behaviour on either of their parts, thus there was no fact to amount to grave and sudden provocation---If what was alleged by the accused was accepted to be true then too it would not bring his case within the ambit of S.302(c), P.P.C. before the proviso was added to it---Conviction and sentence of accused under S.302(b), P.P.C. was maintained---[Muhammad Qasim v. State (PLD 2018 SC 840) not to be categorized as having decided a question of law…

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