Law: Pakistan Penal Code, 1860

Section: 304PartsI ofII

Penal Code (XLV of 1860), S. 304 Parts I of II---­Culpable homicide under grave and sudden provocation-Intention to kill negatived by emotional slate of accused-Nevertheless knowledge of likelihood of death resulting from his act may be imputed-Accused may be convicted under Part 11 of S. 304. Where a person kills another, under grave and sudden provocation, he cannot be convicted under Part I of section 304 P. P. C. But there appears to be no good reason why the knowledge that his act was so dangerous as to involve the likelihood of death should not be imputed to a man who commits homicide in circumstances of grave and sudden provocation. The principle laid down in Safdar Ali's case need not be extended so as to exclude the application of Part II of sec­tion 304, P. P. C. to crimes committed under the influence of grave and sudden provocation, Safdar Ali's case -P L D 1953 F C 93 and Qadir Bakhsh v. Crown P 1. R 1953 Lah. 637 rel. Muhammad Aslam v. Crown P L D 1953 F C 115 ref. JUDGMENT S. A. RAHMAN, J.-Fateh Muhammad has been convicted under section 304 Part I, P. P. C. and sentenced to five years' rigorous imprisonment by the learned Sessions Judge, Mianwali. He has appealed. The prosecution allegations were that the appellant along with three other persons had murdered Mst. Began, wife of the appellant, and one, Mehr Khan, who was said to be her para­mour, on the 17th of October 1952, in the afternoon. The learned Sessions judge disbelieved the evidence led to the effect that all the four accused had participated in the crime, for what appear to me to be cogent reasons. He rightly accepted the story put forward by the appellant that he alone had killed his erring wife and her paramour, when he found them flagrante delicto, being gravely and suddenly provoked. He, therefore, declined to convict the accused under sec­tion 302, P. P. C. and acquitting the other three accused, he sentenced Fateh Muhammad as mentioned above. Mr. Hamid-ud-Din on behalf of the appellant has not challenged the substratum of facts on which the conviction is based. He has argued, however, on the authority of the Federal Court decision in Safdar Ali's case (P L D 1953 F C 93.), that…

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