Law: Penal Code (XLV of 1860)

Section: 300, 302, 304

Penal Code (XLV of 1860) S. 302 read with S.300, Exception I and S. 304, Part I--Murder --Sentence, alteration of---Prosecution evidence itself disclosing a case of unpremeditated and sudden attack over taking away of accused's wife by deceased, her father, without his consent preceded by an altercation and exchange of abuses between parties-- Conviction under S. 302, P. P. C. altered to one under S. 304, Part I, in circumstances. Date of hearing: 21st January, 1981.                                                                                                         JUDGMENT Asghar (25) and his brother Jamal Din (52) were tried for the murder of their uncle Abdul Ghaf6or, by Mr. Taj Muhammad, Addl. Sessions Judge, Sheikhupura, on 24th May, 1979. Asghar was convicted under section 302, P. P. C. and sentenced to imprisonment for life with a fine of Rs. 5,000, in default to two years' R. I. further. Jamal Din was convicted under section 323, P. P. C. and sentenced to six months' R. I. and to a fine of Rs. 1,000, in default to undergo three months' R. I. further. The fine if realized was ordered to be paid to the heirs of the deceased. Appeals of the convicts are before me. 2. Abdul Ghafoor deceased and his brother Karam Din were residents of Chak No. 4/G. B., situated in Tehsil Nankana Sahib, District Sheikhupura. About 10/11 years before the occurrence Abdul Ghafoor and his family had shifted to Peshawar. His daughter Mst. Nasreen P. W. was married to his brother's son, Asghar. His other daughter Mst. Shafqat was married to one Mahmood of the same village. Since the relations between P. W. Nasreen and her husband Asghar accused got strained, she wrote a letter to her father complain ing, about her husband; maltreatment, upon which her father Abdul Gafoor (deceased) and his wife Mst. Almas P. W. came over to the house of her daughter in Chak 4. District Sheikhupura. P. W. 6. Haji Saeed…