Law: Penal Code (XLV of 1860)

Section: 304(1), 300

Penal Code (XLV of 1860), S. 304(1) read with' S. 300, Excep tion I-Murder-Grave and sudden provocation-Deceased (wife) eloping with G for immoral purposes and on being restored to husband some days later Instead of feeling repentance affirming truth and further asserting to do so again-Altercation resulting in abusing each other-Accused losing self-control and giving stick blows proving fatal-Immediate provocation, held, sufficient to bring case within Exception I to S. 300-Conviction altered to S. 304(1) and sentence reduced to period already undergone. Date of hearing: 7th April 1972.                                                                                                                         JUDGMENT Allah Ditta appellant has filed this appeal through jail against his conviction under section 325, P. P. C. with an award of seven years' R. I. by the Additional Sessions Judge, Multan, recorded on the 8th of July 1969. The appellant was tried along with his father Shah Muhammad under section 302/34, P. P. C. for having intentionally committed the murder of Mst. Sukho, his wife, on the night between 30th of September/1st of October 1968, at zeerak Wahan, Police Station Keror Pacca, District Multan. Shah Muhammad was acquitted but the appellant was convicted and sentenced, as stated above. 2. The brief facts of the case as disclosed in the F. I. R. (Exh. P. A.), lodged by Ashiq Muhammad (P. W. 9) are that on the evening of 30th of September 1968, when the complainant came back from his day work at maghribwela, he heard shrieks of his daughter, Mst. Sukho deceased, from the house of the appellant. He was told by his wife and children that the appel lant and his father had at peshiwala forcibly lifted away the deceased from his house to their house and had given beating to her inside the sahl. They saw the occurrence while standing on the platform of…