Law: Penal Code (XLV of 1860)

Section: 302, 304 (1), 307, 308

  Penal Code (XLV of 1860)  Ss. 302, 304 (1), 307 & 308--Grave and sudden provocation--- Appellant seeing deceased and his (appellant's) brother's wife (N) sitting together in bushes killing deceased and making murderous assault on N-Circumstances of grave and sudden provocation, held, existed-Conviction under S. 302 altered, to S. 304(1) and that of Ss. 307 to 308-Contention that N was assaulted by accused after covering a distance or 100/200 karams and provocation subsided, held, of no force. Date of hearing : 11th June 1974.                                                                                                                          JUDGMENT MAZHAR-UL-HAQ, J.----Amir Bakhsh (35) and Allah Ditta (32) residents of Shahwali in District Dera Ghazi Khan, were tried by the Sessions Judge, Dera Ghazi Khan, under sections 302 and 307 read with section 34 of the Pakistan Penal Code, for the murder of Mehar Dil and for murderously assaulting Mst. Noor Khatoon (P. W. 11). Amir Bakhsh was sentenced to death and to pay a fine of Rs. 200 in default of payment of fine, to undergo further rigorous imprisonment for four months. He has also been sentenced to seven years rigorous imprisonment under section 307 of the Pakistan Penal Code and to pay a fine of Rs. 100, in default of payment of fine to undergo further rigorous imprisonment for one month. The latter sentences have been ordered to run concurrently with any other sentence passed by this Court if the death sentence is not confirmed. Allah Ditta was acquitted. The appeal of the convict and the connected murder reference are before us. 2. Amir Bakhsh appellant is a step brother of Khawand Bakhsh (P. W. 10). Mst. Noor Khatoon P. W. is the wife of Khawand Bakhsh. Dhani Bakhsh brother of Khawand Bakhsh is married to a sister of Allah Ditta, the acquitted accused. Mehar Dil deceased was a…