Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,34,147,109

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 34, 147 ,  109---Qatl-i-amd, common intention, rioting, abetment---Bail, grant of---Further inquiry---During the course of investigation, the contents of the crime report were contradicted and an entirely different story surfaced on the record---Investigating Officer gave a definite finding of fact that the deceased had illicit intimacy with the daughter of the accused and he with an intent to fulfil his lust trespassed into the house of the accused, where he was overseen by the male members of the family resulting into his torture which proved fatal---Fact that prosecution witnesses, mentioned in the crime report, were actually present at the spot at the odd hours of the night to observe the occurrence as given in the crime report, was a fact difficult to digest---Furthermore another question requiring probe was whether at that odd hour of the night, the attempt of the deceased to trespass in the house was bona fide on his part which ultimately resulted into his death---Sufficient grounds were available to believe that present case was one of further inquiry entitling accused for the concession of bail---Petition for leave to appeal was converted into appeal and allowed, and the accused was granted bail. (b) Criminal trial--- ----Diminished responsibility, concept of---Scope---If a crime is committed due to mental or psychological compulsion, it squarely falls within the ambit of ‘diminished liability’---Diminished responsibility is a legal doctrine that absolves an accused person of part of the liability for his criminal act if he suffers from such abnormality of mind as to substantially impair his responsibility in committing or being a party to an alleged criminal act---Act which is committed under the impulses of ghairat, the doctrine of diminished liability would be squarely attracted providing mitigation/defence to avail the same in suchlike cases. ORDER: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- This petition is barred by 248 days. In normal circumstances the reasons assigned in the application for condonation of delay are not taken into…

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