Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 340(2)

Penal Code (XLV of 1860)------S. 302(b)---Criminal Procedure Code (V of 1898), S. 340(2)---Qatl-i-Amd---Appreciation of evidence---Grave and sudden provocation---Proof---Defence evidence---Appreciation of evidence---Accused persons were convicted by Trial Court for committing Qatl-i-Amd---Neither of the defence witnesses even attempted to provide an alibi for accused---Defence witnesses were vague and their narration was sketchy and doubtful---When defence evidence was put in juxtaposition with prosecution case, it was prosecution case that was more convincing and believable---Throughout the trial accused persons never even suggested that they were provoked, to the contrary till the last minute, which was evident from defence witnesses they produced, they pleaded that they were not even present at the scene let alone being involved in the incident in any manner---Only during hearing of appeal that accused persons made a plea on such ground whereas they had been convincing High Court that they had not committed murder---Accused persons wanted to make their case fall within the ambit of grave and sudden provocation the burden of proof was on them and not the prosecution---Accused persons did not discharge such burden at trial---Plea raised in appeal was an afterthought---Act of accused persons did not fall within the provisions of S. 302(c), P.P.C.---High Court declined to interfere in conviction and sentence awarded by Trial Court---Appeal was dismissed, in circumstances. JUDGMENT OMAR SIAL, Justice:---.--- On 26.05.2011, FIR No. 14 of 2011 under sections 302 and 34, P.P.C. was registered at the Chauhar Jamali Police Station on the complaint of one Muhammad Nooh. Nooh recorded that earlier that day he along with Sulaiman Jamali, Ali Gul Jamali and Haroon Jamali had gone to work on their field. They found Zameer alias Gogi and Misri already present on the spot. Water which was being pumped out by a machine owned by the landlord was being allowed to flow into a jungle by the 2 men. Upon the complainant party objecting to the water being wasted, an altercation occurred between the parties. After an exchange of harsh words between Zameer and Sulaiman Jamali, Zameer…

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