Law: Pakistan Penal Code, 1860

Section: 300,302(b)(c)

Law: Criminal Procedure Code (V of 1898)

Section: 342,544A,382B

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(c)--Conviction and sentences--Challenge to--Sentence conversion and constitutions--Appellant and another had allegedly murdered two persons in which one is sister-in-law of appellant--parents of female deceased had not pursued case against present appellant which hinted at a possibility of appellant's version being true--There was no conventional enmity between parties and, thus, only reason why appellant could have committed murders in issue was nothing but his having seen two deceased together in an amorous pursuit--case in hand was indeed a case of grave and sudden provocation which could possibly attract provisions of Section 302(c), PPC--Appeal is partly allowed. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(c) & 300--Pretext of honour--"In name or on pretext of honour"--Grave and sudden provocation--Words "in name or on pretext of honour" used in first proviso to Section 302(c), PPC are not without any significance or meaning--Said words indicate that a murder committed "in the name or on the pretext of honour" has to be a calculated murder committed with premeditation in the background of honour whereas the words used in the context of grave and sudden provocation in exception 1 to the erstwhile Section 300, PPC were "deprived of the power of self¬ control"--Such words used in exception 1 to erstwhile Section 300, PPC catered for a situation which was not premeditated and had developed suddenly leading to grave provocation depriving a person of power of self-control--Such different phraseology used by legislature in these distinct provisions clearly indicates catering for different situations and, therefore, words "in name or on pretext of honour" ought not to be mixed or confused with grave and sudden provocation leading to depriving of power of self-control. PLD 2006 SC 283, ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, J.- Muhammad Qasim appellant and another had allegedly murdered two persons namely Meer Muhammad and Mst. Qaim Khatoon, a. sister-in-law of the appellant, at about 06.00 P.M. on 27.07.2008 in an open filed in village Bakhsanabad in the area of Police Station…

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