Law: Pakistan Penal Code, 1860

Section: 300,302,302(b)(c)

Law: Criminal Procedure Code (V of 1898)

Section: 164,173,340(2),342,382B

Provocation-- ----"Expression"--Proposition--Rule of interpretation--Plea of grave and sudden provocation--Settled law is that if it is spelt out from the record that can be taken into consideration. After going through the confessional statement of the appellant coupled with circumstantial evidence, that the appellant had acted under grave and sudden provocation and the result was that these two deceased lost their lives from the hand of the appellant--Expression "provocation" has not been defined anywhere in the Pakistan Penal Code--Held: It is a settled preposition that if an expression is not defined in any law, then recourse has to be made to its dictionary meaning--Such an approach is in accordance with the principles of interpretation--In the above backdrop, following principles can be generalized in order to examine the plea of human killing on account of provocation: (i) An act of one person towards another; (ii) Such act may ignite rage, resentment or fury in the mind, of another; (iii) In order to reduce the charge of murder to manslaughter, the act must be such, which may in the ordinary course of nature stir resentment in the mind of the others, forcing him to resort to violence; (iv) The person resorting to violence must not have a cool down period; (v) The retaliation should be in proportionate to provocation. PLD 2016 SC 534, ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(c)--Conviction and sentence--Challenge to--Mitigating circumstances--Modification in quantum of sentence--Conviction converted from S. 302(b) to 302(c), PPC--In case in hand, appellant has taken specific plea that on fateful day he found his wife with a person in compromising position in Baithak of his house, therefore, he made firing and committed their murder--plea of appellant is further strengthen by statement of PW Dr., Police Surgeon, Civil Hospital, who conducted post-mortem examination of deceased and found gunshot injuries on their bodies--Plea of appellant was also strengthen by Chemical Examiner Report and recovery of 30 bore pistol coupled with Firearm's Examiner Report--In-depth analysis of confessional statement of appellant coupled with circumstantial…

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