Law:

Section:

Penal Code (XLV of 1860)---- ----Ss. 302 & 304 read with S. 300, Exception 1-[Murder case]-Grave and sudden provocation-Appeal against acquittal-Deceased sustaining a large number of blunt weapon injuries practically on all parts of his body, many injuries multiple showing determined and prolonged attack and one injury resulting in rupture of right lung-Deceased murdered in broad daylight, incident thus being a witnessed crime-No previous enmity between parties and eye-witnesses having no motive to falsely implicate any of respondents related to each other and living in adjoining houses in same lane-Motive suggested by prosecution amply proved by suggestions put by defence in cross-examination of prosecution witnesses as also by statement made by one respondent­ Evidence of complainant and prosecution witness not liable to rejection on basis of consequential contradictions and discrepancies as to manner of striking blows or raising of lalkara--Lower Court, held, clearly misdirected itself in not appraising evidence in judicial and realistic manner-Oral account, even if not acceptable and alternative version of defence preferred, namely, killing having been done under grave and sudden provocation, case, held, would fall under S. 304 and Court has to determine whether Part I or Part II of such section applicable and, in any event, there could be no question of acquittal-­Acquittal set aside and respondents ordered to be retried.--[Grave and sudden provocation--Appeal against acquittal-Evidence]. JUDGMENT ANWARUL HAQ, J.---The four respondents, named Ali Nawaz, Yasin, Noor Din and Nasar Din, residents of village Wasu in the jurisdiction of Police Station Mandi Bahauddin in the District of Gujrat, were tried by the learned Additional Sessions Judge, Gujrat, under section 302/34 of the Pakistan Penal Code for causing the death of Muhammad Inayat, half brother of Gulla (P. W. 6) and acquitted by his order dated the 26th of November 1968. The complainant Gulla challenged the acquittal by filing a revision petition before the Lahore Bench of the former High Court of West Pakistan but the same was dismissed in limine by a learned Single Judge of that Court by his…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492