Law: Penal Code (XLV of 1860)

Section: 302, 300

Penal Code (XLV of 1860) S. 302 read with S. 300, Excep tion I-Murder- Sudden provocation-Accused seeing his younger brother in compromising position with wife of his elder brother and killing her--Indications present that accused was suddenly provoked to murder deceased-Conviction maintained but sentence of death reduced to that of transportation for life. Muhammad Siddiq v. The State P L D 1958 Lah. 601 ref. Dates of hearing : 2nd and 3rd February 1970. JUDGMENT ATAULLAH SAJJAD, J.-Sardara alias Kaka, resident of Chak No. 368/J. B. Police Station Gojra, District Lyallpur, has been sentenced to death by Mr. Gulbaz Khan, Sessions Judge, Lyallpur, for the murder of Mst. Husain Bibi who was the wife of his elder brother Abdus Sattar, who appeared at the trial as P. W. 11. The convict has appealed. There is also a murder reference under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death. This judgment will dispose of both the matters. 2. The occurrence took place on 12th of July 1967, at about 5 a.m. in the house of Abdus Sattar in Chak No. 368/J. B. The First Information Report Exh. P. C. was lodged at 6-30 a.m. in Police Station Gojra by Rehmatullah (P. W. 10) Lambardar of the village and was recorded by Ch. Abdul Majid S. H. O. (P. W. 15). 3. The convict was living with his elder brother Abdus Sattar. (P. W. 11) in the same house. Habib their younger brother was also living with them. Abdus Sattar was married to Mst. Husain Bibi deceased. The convict and Habib are bachelors. We find it from the evidence of Abdus Sattar that about six or seven years before the occurrence, the appellant contacted illicit relations with Mst. Husain Bibi and on this account Abdus Sattar started living separately. Four years before the occurrence his son died and there was approchement between the brothers. One year before the occurrence they again started living together. The appellant suspected that the deceased had contacted a liaison with his younger brother Habib. According to Barkat Ali (P. W. 9) who claims to be a partner in business with the three brothers, there was a quarrel between the brothers a day prior to the occurrence as Abdus…