Law:

Section:

Keywords: Trial Court, Fine, Punishment, Guilty, Imprisonment, Remand, Conviction, Prosecution, Registered, Impugned Judgment, Case Remanded, Evidence, Set Aside, Compliance, Practice, Procedure, Division, Retrial, Cognizance, Non-Compliance, Provisions, Grave Provocation, Acceptance, Commencement, Plea, Claims Result: Case remanded JUDGMENT The appellant has assailed the judgment of the learned Sessions Judge, Sukkur, dated 7-5-1974, whereby he convicted the appellant and sentenced him to a term of five years' rigorous imprisonment and to pay a fine of Rs. 1,000 or in default further R. I. For six months .Under sec tion, 304 P. P. C. 2. The facts forming the background of this case are that during the night between 2-2-1974 and 3-2-1974 the appellant killed his wife and on 3-2-1974 at about 6 a. m. Be appeared in the Police Post Madaji, Taluka Garhi Yaseen, District Sukkur to report the matter. Accordingly an F. I. R. Was registered by A. S. I. Ghulam Rasool of Police Station Madaji and finally the case was challaned under section 302, P. P. C. 3. Pre-trial enquiry was held by the Civil Judge and F. C. M., Garhi Yaseen who committed the appellant to the Sessions Judge, Sukkur for-trial on 28-3-1974. After the committal of the case to Sessions Court for trial the learned counsel for the State moved an application to the learned Sessions Judge, Sukkur that the prosecution evidence disclosed that only a case under section 304 (I), P. P. C. Was made out against the appellant and therefore the charge may be amended from one under section 302, P. P. C. To section 304 (I), P. P. C. The request was allowed and the charge was accordingly amended by the learned Sessions Judge, Sukkur. The appellant pleaded guilty and was convicted to the above referred term of sentence. 4. The appellant has pleaded in appeal that he killed his wife out of 'Ghairat' as she was "Karl" with one Gulsher and he had actually found her asleep with him. 5. I have examined the case and found that the conviction is based on the plea of guilt of the appellant which has not been recorded in his own words. The amended charge reads as under:- "That you on 3-2-1974 at Asar time in your house in…

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