Law:

Section: 302, 304

  Penal Code (XLV of 1860) S. 302 read with S. 304, Part I-- Murder-Grave and sudden provocation-Sentence-Deceased having liaison with accused's wife possibly coming to see his mistress and accused possibly surprising his wife and her paramour while indulging in love-Possibility that witnesses claiming to have seen occurrence were not present at spot and learnt about occurrence afterwards, not ruled out-Accused on his own showing killing deceased under grave and sudden provocation finding his wife in a compromising position with deceased-Conviction under S. 302 altered to one under S. 304, Part I, Penal Code, in circumstances. JUDGMENT ATAULLAH SAJJAD, J.-The appellant was tried for the murder of Ghulam Hassan his co-villager and was sentenced to death by Mr. Saeed Ahmad, Additional Sessions Judge, Multan, who was in Camp at Dera Ghazi Khan. The matter is also before us under section 374 of the Criminal Procedure Code. This order will dispose of the appeal as well as the murder reference. 2. The case of the prosecution is that the appellant had suspected a liaison between Mst. Phapal his wife and Ghulam Hassan deceased. The spouses had separated over a year before the occurrence and at the relevant time the woman was living with her brothers at Chah Dilshadwala. The deceased met Ghulam Husain (P. W. 6) whose father is his cousin, in Choti Town. Ghulam Husain P. W. had gone there to purchase penicillin drops as his daughter was suffering from eyesore. The deceased had gone to Choti to purchase mithas (sweet citrus fruit) for his wife. They were on the \N-ay back to their village which is at a distance of three miles from Choti. They had reached the Basti of Jalal Hussain after covering a distance of one and a half mile, when they came across Fida Husain who was examined as C. W. 1. Ghulam Hassan deceased kept on traversing his way while Ghulam Husain P. W. stopped to converse with Fida Husain. After a minute or so both of them heard an alarm raised by Phulam Hassan deceased. They reached the place of occurrence and found that Gul Sher appellant was giving hatchet blows to the deceased. Ghulam Akbar (P. W. 7) a nephew of the deceased and Rahim Bakhsh (P.…