Law: Evidence Act (I of 1872)

Section: 154, 105

Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Penal Code (XLV of 1860)

Section: 300, 302

(a) Evidence Act (I of 1872) S. 154 Statement of prosecution witness alleging accused having admitted to have seen his deceased wife in flagrant delicto with anotherNot challenged by prosecution by making prayer for permission to cross.examine witness on pointProsecution if not accepting such statement ought have prayed for permission to cross examine witnessStatement, held, cannot be held to be a deliberate concession at appeal stage, accused appellant's case being likely to be prejudiced due to his having abstained to crossexamine witness further on point.[Witness]. (b) Criminal Procedure Code (V of 1898) S. 154 First information reportNormally. not detailed version of case and not substantive evidence. (c) Penal Code (XLV of 1860) S. 300, Exception 1 read with Evidence Act (I of 1872), S. 105 Plea of sudden and grave provocationBenefit ofFounded on principle of losing selfcontrol, balance of mind, or reasoningBurdening accused in such state of rage with. accounting for escape of paramour, held, too much requirement. [Grave and sudden provocation]. (d) Penal Code (XLV of 1860)  S. 300, Exception ISeeing wife and paramour in compromising positionHeld : By itself grave and sudden provocationBeing'" nakedNot a necessary requirement of law.[Grave and sudden provocation]. Date of hearing: 6th May 1979.                                                                                                                   JUDGMENT The appellant Muhammad Boota son .of Shaikh Muhammad, aged 70 years at the time of trial was tried,, for the murder of his wife Mst. Hamidan, in the Court of Ch. Muhammad Sharif, Sessions Judge, Multan, who vide orders dated the 29th November, 1976 found him guilty and convicted him under section 304, Part I of the Pakistan Penal Code and passed the sentence of imprisonment for life. The appellant has impugned the aforesaid orders by this appeal.…