Law: Penal Code (XLV of 1860)

Section: 302, 300

  Penal Code (XLV of 1860) S. 302. read with S. 300, Excep tion I-Murder-Grave and sudden provocation-Accused having only a lurking suspicion in his mind about illicit intimacy of deceas ed with his sister-in-law-Accused killing deceased seeing his sister in-law coming out of house in company of deceased-Held: No case of grave provocation justifying infliction of fatal injuries by fire-arm made out and accused nor entitled to benefit of Exception I to section 300, Penal Code. Yisri Khan and others v. The State P L D 1967 Pesh. 237 ; Madan Lal Agarwala and another v. The State P L D 1960 Dacca 813 and Mst. Nasim Akhtar v. The State P L D 1968 Lah. 841 ref. JUDGMENT MUHAMMAD FAZLE GHANI KHAN, J.-Mohd. Shah son of Amir Shah (26 years) and Zafar Shah alias Zafar Abbas son of Ghulara Abbas (22 years) residents of village Tahli Police Station Bhawana, District Jhang were tried by the Additional Sessions Judge; Lyallpur at Jhang for offences under section 302/34 for the murder of Noora son of Muhammad aged 25 years resident of the same village. At the same time, they were tried for offences under section 307/34, P. P. C. for a murderous assault on the person of Mst. Fatima (P. W. 10) on 10th of February 1966 at about Peshiwa,a in their village. The learned trial Court by his order dated 28th of June 1967 acquitted Zafar Shah alias Zafar Abbas of both the charges giving him the benefit of doubt, while he convicted Mohd Shah for the offence under section 302., P. P. C. and sentenced him to transportation for life. He was, however, exonerated of the charges under sec tion 307/34, P. P. C. for the murderous assault on the person of Mst. Fatima P. W. The convict has appealed to this Court. 2. Briefly stated the prosecution story is that appellant Mohd. Shah suspected that Noora deceased had developed illicit intimacy with his sister-in-law (brother's wife) Mst. Mandan and therefore, on account, of this grudge he killed Noora deceased on the above-mentioned time and date by inflicting gunshot injuries while he was sating with his father Mohammad, paternal aunts Mst. Fatima, Maman and Gaman P. Ws. on the oven of Shera near the house of Gaman son of Mahni in their…