Law: Penal Code (XLV of 1860)

Section: 302, 304(1)

Penal Code (XLV of 1860)  Ss. 302 & 304(1)-Grave and sudden provocation-Accused find ing his wife in bed with stranger at mid of night killing both Accused, held, acted under grave and sudden provocation-Another lady trying to catch hold of accused-Accused acting under same provocation inflicting fatal injuries on her-Accused's action, held, within ambit of grave and sudden provocation. Date of hearing : 29th August 1974.                                                                                                                                           JUDGMENT Ata Muhammad son of Sher Muhammad, aged 30 years, caste Kharal, resident of Chats Kikriwala. Mauza Chadhar, Tehsil and District Multan, was tried for the murders of his wife Mst. Taj Mai, his mother-in-law Mst. Bhirawan and one Hassan Bakhsh as well as for the murderous assault on Mithoo, by the Additional Sessions Judge, Multan, who by his judgment dated the 23rd July 1973, convicted and sentenced him as under (1) One year's rigorous imprisonment under section 304, Part I, P. P. C. for the double murder of Mst. Taj Mai and Hassan Bakhsh. (2) Life imprisonment under section 302, P. P. C. for the murder of Mst. Bhirawan, and (3) Five year's R. I. under section 307, P. P. C. for the murderous assault on Mithoo P. W. All the sentences were to run concurrently. The convict has filed this appeal through Jail. 2. The prosecution case is that five years prior to the alleged occurrence Mst. Taj Mai was married to Ata Muhammad. After the marriage the spouses started living in the area of Mumtazabad, but soon after the appellant suspected Mst. Taj Mai of having developed illicit relations with Hassan Bakhsh and for this he used to chastise her. As the relations became bad to worst, therefore, Mst. Taj Mai left the house of the appellant and started…