Law: Penal Code (XLV of 1860)

Section: S. 300, Exception 1 & S. 304, Part I

Penal Code (XLV of 1860), S. 300, Exception 1 & S. 304, Part I-Grave and sudden provocation-Accused killing wife and paramour, seen together at night-Conviction under S. 301, P. P. C. altered to one under S. 304, Part I.   Sentence-Accused killing wife and paramour-Sentence to be deterrent, murder on slight suspicion being common--(Ten years' rigorous Imprisonment). JUDGMENT   INAMULLAH, J.-The appellant has been convicted by the learned Additional Sessions Judge, Tharparkar at Sanghar on 30th July 1960 under section 302, P. Y. C. and sentenced to transporta tion for life. The facts giving rise to the appeal are these:-   The complainant P. W. Changal is the father of the deceased Khan. P. W. All Muhammad alias Alu is the brother of the deceased. Deceased Mst. Chuttan was the wife of appellant Khuda Bux. Appellant Khuda Bux and deceased Khan lived at a distance of about one call from each other. One Haji who was a co-accused with Khuda Bux but has been acquitted by the learned Additional Sessions Judge was the Hari of Khuda Bux.   It is said that Mst. Chuttan deceased was on terms of illicit intimacy with deceased Khan. Haji acted as a go-between of the two. It is suggested by the prosecution that Haji in league with his landlord Khuda Bux decoyed deceased Khan on 21st February 1960 after sunset time and took him towards the house of Khuda Bux on the pretext that he was invited by Mst. Chuttan. Ali Muhammad met Khan and Haji on the way. Deceased Khan told his brother to accompany him in case he might require his assistance. It was Somani time when the deceased reached near the house of Khuda Bux. He concealed himself in the jungle nearby and Haji went to inform Mst. Chuttan. Ali Muhammad also hid himself at about 10 paces from deceased Khan. In the meantime, the appellant came over there in disguise covering his head with ajrak in order to give an appearance of a woman. When he reached near Khan he threw his ajrak and started giving blows to him. According to Ali Muhammad three other men also appeared and they also gave hatchet blows to Khan and killed him. All Muhammad Identified Khuda Bux and Ha ji as two of the assailants of Khan.…