Law: Penal Code (XLV of 1860)

Section: 302, 304(1), 300

  Penal Code (XLV of 1860)  Ss. 302 & 304(1) read with S. 300, Exception I-Grave and sudden provocation-Accused asking deceased (wife) not to work at place M as that would bring disgrace to him and family-Accused also suspect ing illicit liaison of his wife-Deceased (wife) replying in negative and saying "she was not his wife"-Accused losing temper and giving chhuri blows to deceased-Circumstance, held, existed for sudden and grave provocation-Conviction altered to S. 304(I) and sentence reduced to one already undergone. Date of hearing : 24th April 1974.                                                                                                                    JUDGMENT Appellant Safdar Ali aged 23 was convicted under section 302, Pakistan Penal Code, by the learned Sessions Judge, Mianwali for the murder of his wife Mst. Surayya Bokhari on 3rd May 1969 at about 12-15 p.m. inside the quarter adjacent to the office of the Family Planning, Mianwali and sentenced to transportation for life vide judgment dated 27th April 1970. The convict has filed this appeal against his conviction and sentence. 2. The occurrence is reported to have taken place on 3rd May 1969 at 12-15 p.m. Muhammad Afzal (P.W. 6) made the statement (Exh. P.C.) at Police Post Mianwali at a distance of four furlongs, which was recorded by Head Constable Alam Sher (P. W. 131 at 12-30 p.m. and formal F.I.R. (Exh. P. C/1) was recorded at Police Station Sadar Mianwali by A.S.I. Ghulam Hussain at 1-30 p m. 3. The occurrence is stated to have taken place in the following manner. Muhammad Afzal (P. W. 6) was present in his office at about 12-15 p.m. on 3rd May 1969. Other employees of the department were also working there. All of a sudden Mst. Zahida Yasmeen (P. W. 8) Lady Family Plan ning Visitor came running from the direction of the residence adjacent to the office and told that Mst.…