Law: Pakistan Penal Code, 1860

Section: 300,302(b)(c)

Law: Criminal Procedure Code (V of 1898)

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

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction of---Mitigating circumstances---Accused was charged for the murder of his wife and her paramour, on seeing them in compromising position---Record showed that dead bodies of both the deceased were found in the baithak of the accused and as per his confessional statement that he found the deceased in compromising position in his baithak, due to which he had committed their murder---Accused had not taken the plea of grave and sudden provocation, during the trial, but the confessional statement of the accused and circumstantial evidence suggested that accused had acted under grave and sudden provocation---Accused had taken specific plea that on the day of occurrence, he found his wife with a person in a compromising position in his baithak and committed their murder---Said plea of the accused was strengthened by the statement of Medical Officer, who conducted post-mortem examination of the deceased and found gunshot injuries on their bodies---Chemical Examiner Report and recovery of .30-bore pistol and Report of Firearm Examiner also supported the plea of accused---Confessional statement of accused and circumstantial evidence transpired that the present case appeared to be where the accused lost his self-control after seeing the deceased in a compromising position in his baithak, which constituted mitigating circumstance---Offence was apparently committed in the manner as stated by the accused---Circumstances established that the accused had acted under grave and sudden provocation and the result was that the two deceased lost their lives from his hand---Conviction under S.302(b), P.P.C. awarded to the accused was converted from clause (b) to clause (c) of the S.302, P.P.C. in circumstances and he was sentenced to suffer fourteen years R.I.---Appeal was dismissed with the said modification in quantum of sentence. Malik Muhammad Mumtaz Qadri's case PLD 2016 SC 17 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Grave and sudden provocation, plea of---General principles in order to examine such plea. Following principles can be generalized in…

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