Law: Penal Code (XLV of 1860)

Section: 300, 302

(a) Penal Code (XLV of 1860) S. 300, Exception 1-Grave and sudden provocation-Plea not taken earlier even in accused's statement under S. 342, Cr. P. C.-Not given effect to. (b) Penal Code (XLV of 1860) S. 302-Murder-Sentence --Possibility of victim having made some remark which provoked accused, an impulsive young Pathan, to take her life (his own sister), not ruled out-Sentence of death reduced to that of transportation for life. Date of hearing: 20th May 1970. JUDGMENT BASHIUDDIN AHMAD, J.-Baggar Khan (20) was tried for the murder of his sister Mst. Sahib Jan and attempted murder of Sattan Zai on 8-4-1968, by the Additional Sessions Judge, Sahiwal, who sentenced him to death and a fine of Rs. 5,000.00 under section 302, P. P. C. or in default to undergo rigorous imprisonment for a further period of three years. The amount of fine, if realised, was ordered to be paid to Abdur Rasul, husband of the deceased. Baggar Khan was also held guilty for the attempt on the life of Sattan Zai and was sentenced to undergo rigorous imprisonment for a period of seven years and also to pay a fine of Rs. 2,000.00 under section 307, P. P. C. or in default to undergo rigorous imprisonment for two years. The fine of Rs. 2,000.00, if realised, was ordered to be paid to Sattan Zai as compensation under section 544-A of the Code of the Criminal Procedure. The sentences of imprisonment were ordered to take effect in the event of the death sentence being not confirmed by this Court. 2. The condemned person appealed and the case is also before us on reference under section 374, Cr. P. Code, for confirmation of the death sentence. This judgment will dispose of the appeal as well as the reference. 3. The prosecution made out their case thus Twenty or 25 days before the occurrence, which is the subject- matter of the case, the deceased was married to Abdur Rasul who paid Rs. 8,000.00 to the appellant. A day before the occurrence, the appellant visited his sister and told her husband to send her alongwith him in connection with her rukhsti. Abdur Rasul told the appellant to bring his paternal uncle as a surety for the safe return of Mst. Sahib Jan to the house of her husband. On the…