Law: Penal Code (XLV of 1860)

Section: 304(I)(II)

(a) Penal Code (XLV of 1860), S. 304 (I) & (II)-Culpable homicide not amounting to murder-Person killing another under grave and sudden provocation--Cannot be convicted under S. 304, Part --Accused killing deceased apprehending him flagrante delicto with his brother's wife-Conviction, held, falls under S. 304 (11) and not under S. 304 (I). Qadir Bakhsh v. The Crown P L D 1953 Lah. 588 ; Safdar All v. The Crown P L D 1953 F C 93 s Muhammad Aslam v. The State P L D 1953 F C 115 and Ali and another v. The Crown P L D 1952 F C 71 rel. (b) Sentence--Mitigation Deceased despite being admonished previously through his uncle to give up illicit connection with wife of accused's brother continuing such liaison and caught red-handed in compromising position-Maximum penalty, held, not called for in circumstances-Accused already having served sentence for more than 4J years, sentence reduced to one already undergone-Penal Code (XLV of 1860), S. 304 (II). Date of hearing: 24th August 1972.                                                                                                                                                           JUDGMENT The appellant Buta was tried, along with his brother Sarwar and a relation by the name of Anwar, by the learned Additional Sessions Judge at Kasur for causing the death of his co-villager Wali Muhammad. Sarwar and Anwar were acquitted. Buta was convicted under Part 1 of section 304 of the Pakistan Penal Code and sentenced to undergo transportation for life. 2. While finding the appellant guilty, the learned Additional Sessions Judge fully accepted the defence version to the effect that the deceased Wali Muhammad had come to the Kotha of the acquitted accused Sarwar during the night of the 1st and 2nd of February 1968 for the-purpose of…