Law:

Section:

Penal Code (XLV of 1860)--- -- S. 302 read with S. 300, Exception I-Murder-Grave and sudden provocation - Accused catching hold of deceased at night in or near house of A husband of W suspecting deceased having formed illicit liaison with W and being on amorous visit--Accused thereafter tying deceased's hands taking him away to a distance of 600 yards, killing him, severing his head, carrying away two parts of dead body and burying them at two different places-.Accused concealing their weapons of offence and not mentioning to any person that they had seen deceased in a compromising position with W and killed him upon grave and sudden provocation-Accused's conduct, held, showed full meditation rather than deprivation of self-control-Offence, held, did not in circumstances fall within scope of Exception I to S. 300 and sentence of death rightly awarded under S. 302. JUDGMENT MUHAMMAD YAQUB ALI, J.-Leave to appeal was granted in this case to consider whether the offence committed by Allah Wasaya and Muhammad Amin alias Meema of village Wahim Sarmami, Tehsil Lodhran, District Multan for killing one Nazar Hussain Shah amounted to murder within section 300, P. P. C. or was covered by Exception I to section 300 viz , culpable homicide not amounting to murder. The allegations proved against the appellants are that on the night of 28-7-1964 Nazar Hussain Shah deceased went to the house of Abdul Karim brother of the first named appellant for taking out his wife Mst. Wallan who had illicit liaison with him to a nearby Sahle deserted kotha for committing sexual intercourse with her. As the deceased reached near the house of Abdul Karim he was caught there by the appellants who were apparently on the look out for him. Though armed with hatchets the appellant did not kill him at once but first tied his hands with a rope and took him to a field about two squares away and did him' to death there with hatchet blows. They then chopped off his bead and buried it at one place further away and the trunk at another place. Fida Hussain Shah P. W. 8, a companion of Nazar Hussain Shah who was waiting for him in the Sahle saw the deceased being taken away by the appellants with his…

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