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Penal Code (XLV of 1860) Ss. 302, 307 read with S. 3 [Murder case]Victim allegedly murdered while sleeping on his own cot but no bloodstains found on cot or beddingDefence version of only one accused (-Respondent) having killed victim and caused injuries to P. W. wife of -Respondent's brother due to grave and sudden provocation on seeing both in a compromising position at night supported by statement of such P. W. admitting to have been subsequently divorced by her husband on account of siahkariFact of woman witness being beaten by respon­dent in presence of her own husband and others without any one intervening lending strong support to her being a siahkari, custom among Baluchis being not to intervene in case of a siahkari being attackedStatements of prosecution witnesses also discrepantHigh Court, held, acted on correct principles in altering convictions to offences under Ss. 304(1) & 325, P, P. C,,Penal Code (XLV of 1860), Ss. 304(1) & 325 read with S. 100. JUDGMENT Hamoodur Rahman, C. J.. The -Respondent in this case was tried with two others under section 30; 507/34, P. P. C. for the murder of one, Rasul Bux during the night between the 22nd and 23rd May 1972, at Wazir Khan Khosa village, which is at a distance of 13 miles from Jhatpat Police Station of Sibi District. The learned Sessions Judge of Quetta acquitted the coaccused who were brothers of the -Petitioner but, convicted the -Petitioner alone under section 302, P. P. C. and sentenced him to death as also fined him a sum of Rs. 300. He was also sentenced to 3 years' rigorous imprisonment under section 307, P. P. C. On appeal and reference, the High Court has declined to confirm the sentence of death and altered the conviction of the -Petitioner to offences under section 304 Part I and 325 Part P. P. C. He has been sentenced ors the first count to 7 years' R. 1. and a fine of Rs. 100 or, in default, further rigorous imprisonment for three months and, on tire second count, to two years' R. I. The State has come up for special leave to appeal against the acquittal of the -Respondent under sections 302 and 307, P. P. C. The allegations of the prosecution in this case were that the three accused…

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