Law: Penal Code (XLV of 1860)

Section: 302, 34, 304(1)

Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Penal Code (XLV of 1860), Ss. 302/34 & 304 (1)-Grave and sudden provocation-Accused and family leaving village to escape from insult caused due to elopement of their niece-Later girl restored through efforts of respectables but girl again running after her lover only next day-Girl running through inhabited locality in broad daylight and chase, given to her by accused watched by people-Continuous running of girl, held, must have violently re-acted on emotions of accused and death blows given as - result of grave ` and sudden provocation-Conviction altered from S. 302 to S. 304, Part I and sentence of imprisonment commuted to one already under gone (over 3 years). (b) Criminal Procedure Code (V of 1898), S. 439-Revision suo motu-Conviction of two brothers arising out of same matter but formal appeal filed by one accused only-Legality and propriety of conviction of non-appealing accused also considered and examined in interest of justice by way of suo motu revision. Date of hearing :13th July 1972.                                                                                                                                       JUDGMENT Mukhtar, aged 35 years, and his brother Sharif, aged 20 years, were convicted under section 302/34, P. P. C., and sentenced to transportation for life each by learned Additional Sessions Judge, Sahiwal vide judgment dated 13-3-1969; for the murder of Mst. Irshad their sister's daughter, aged 16 years. Mukhtar has filed Criminal Appeal No. 371 of 1969 through jail. Sharif, as ascertained by the office, has not been able to file an appeal but has expressed, through the Superintendent of Jail, his desire to challenge his conviction and sentence. As no formal appeal on his behalf has been presented and convictions and sentences of both the brothers arise out of the same matter which I have to…