Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 3rd February 1970, in Criminal Appeal No. 56 of 1969/Murder Reference No. 230 of 1968).   Penal Code (XLY of 1860),   S. 302 read with ----- ---S. 300, Exception Grave and sudden provocation-Infidelity of woman provoking accused to murder her-Such fact influencing High Court in awarding lesser penalty of transportation for life even though murder committed in cold blood and merited extreme penalty-Special Leave to Appeal refused by Supreme Court. Date of hearing : 13th April 1970. JUDGMENT SAJJAD AHMAD, J.-The petitioner has questioned his conviction under section 302, P. P. C. for causing the murder of his elder brother's wife, Mst. Hussain Bibi, for which he was awarded a death sentence by the trial Judge, but which, on appeal and reference, was commuted to life imprisonment by the High Court of West Pakistan. At the trial, the petitioner confessed that he had killed the deceased, but pleaded grave and sudden provocation by stating that he had killed her because he found her in a compromising position with his younger brother Habib In the committing Court's statement, he had given a different version. He had stated there that his brother Abdul…