Law: Penal Code (XLV of 1860)

Section: 302, 304(I), 300

Penal Code (XLV of 1860)  Ss. 302, 304(I) & 300, Exception I---Grave and sudden provoca tion-Accused suspecting his wife to be loose character going in her search-Finding her naked in compromising position giving her fatal knife blows-Held, circumstance not only of grave but sudden provocation existed-Conviction under S. 302 altered to one under S. 304(I) and sentence reduced to 4 years. Date of hearing: 28th August 1974.                                                                                                                               ORDER Jafar appellant was convicted under section 302, P. P. C. for the murder of his wife Mst. Shah Bibi on the 31stMay 1971, at 8 a.m. at a distance of about one mile from Mauza Karam Pur, within the jurisdiction of Police Station Mailsi, and was sentenced to transportation for life by the order of Mr. Ghulam Rasool, Additional Sessions Judge, Multan dated the 24th January 1973. 2. The defence of the appellant as disclosed by him in his statement under section 342, Cr. P. C. is as follows:- "On the said date, I went to the house of my parents-in-law and Inquired about Mat. Shah Bibi who was not there. I was told that she had gone out of the house to ease herself. I also went in search of her and suddenly I saw Yaroo Bhatti in compromising position with Mst. Shah Bibi under a Wan tree at some distance from the Karam Pur Mailsi Road towards the West. On this grave and sudden provocation, I lost self-control. I had a knife with me. Yaroo Bhatti tried to attack me but I warded off and took out knife from my dub. Yaroo took to heels. I pursued him upto some distance. He ran away. I then returned to Mst. Shah Bibi and finding her naked, I also chased her and in a fit of acute provocation, fury and anger, I gave her two injuries one in her abdomen and the other on her back. The two witnesses Allah…