| Citation(s) |
|---|
| 1983 SLG 687 1983 SLD 687 = 1983 PLD 32 |
Criminal Petition No. 176 of 1982, decided on 30th May, 1982. (Against the judgment of the Lahore High Court (Multan Bench), dated 30th March, 1982, passed in Criminal Revision No. 44/82).
Present : Aslam Riaz Hussain and M. S. H. Qureshi, JJ
Kh. Gul Muhammad Butt, Advocate Supreme Court and Ejaz Ahmad Khan, Advocateon-Record for Petitioner. Nemo for the State. Date of hearing : 30th May, 1982.
MUHAMMAD KHALID-Petitioner
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 324 , 334 , 307
(a) Penal Code (XLV of 1860)
-- Ss. 324, 334 & 307-Hurt-Sudden provocation-Contended that offence committed by petitioner fell only under S. 334 inasmuch as insult suffered by petitioner at hands of his father who slapped and abused him on a complaint made by victim of attack provoked him into attacking latter with dagger-Held: Contention misconceived, firstly, because petitioner father and not victim of attack slapped and abused petitioner, secondly, provocation, if any, not sudden, incident of causing insult taking place at 8/9 a. m. at his own house and attack on victim taking place at 11 a. m. while petitioner went to victim's own shop, and thirdly, because no grave provocation could be spelt out in circumstances.-[Grave and sudden provocation].