Law:

Section:

(a) Penal Code (XLV of 1860)- -- Ss. 302 & 304(t)-[Murder-case]-Defence plea put to two eye­witnesses and firmly repudiated by them-No evidence at all establish­ing respondent's sister being present anywhere in street at time of occurrence-Conclusion of High Court that "it is probable that the deceased was teasing the sister of the appellant (respondent in present appeal) in the street near the appellant's house when the appellant came and reproached him. It is further probable that the parties had an altercation in which the appellant gave a single blow with his chhuri to the deceased which eventually resulted in his death," held, based on mere conjectures, hence, not sustainable-Proposi­tion that offence did not fall within ambit of S. 302, in circum­stances, clearly wrong and respondent liable to conviction under S. 302. (b) Penal Code (XLV of 1860)- -- S 302--[Murder-case]-Sentence - Accused respondent having clearly acted out of a sense of family honour, exacting extreme penalty of death not justifiable-Ends of justice, held, amply met by sentencing accused to transportation for life, sentence applicable before promulgation of Law Reforms ordinance, 1972.-[Sentence]. JUDGMENT ANWARUL HAQ, J.-The respondent Aziz Ahmed was convicted under section 302, P. P. C. and sentenced to death by the learned Session Judge, Gujrat, for the murder of one Zahid Hussain Shah with a knife ; but on appeal and reference a Division Bench of the Lahore High Court took the view that the offence committed R as one under section 304, Part I of the Pakistan Penal Code, and sentenced the respondent to ten years' rigorous imprisonment. Leave to appeal was granted to the father of the deceased to consider the contention that the High Court was not legally competent to alter the conviction without any evidence in support of the probability that the respondent acted under grave and sudden provocation on seeing his sister being dragged by the deceased towards his house. After hearing the learned counsel for the parties as well as Mr. Bilal for the State we are of the view that the contention raised on behalf of the appellant must prevail. The occurrence took place at 6-15 p.m. on the…

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