Case Details

Citation(s)
1975 SLG 1144 = 1975 SLD 1144 = 1975 PCRLJ 1202
Court of Special Judge, Karachi
Criminal Appeal No. 323 of 1973, decided on 23rd May 1974.
Presented By: Abdul Hayee Kureshi, J
Muhammad Bux Dhamrah for Appellant. Muhammad Ramzan Kureshi for the State.

QURBAN ALI----Appellant

VERSUS

THE STATE----Respondent

Law: Penal Code (XLV of 1860)

Section: 307, 100, 326

(a) Criminal trial Abscondence-When resorted to. In normal circumstances people in the Muffasil look upon causing of murder for reason of grave and sudden provocation as an act bravado if not honour, and they rarely abscond after commission of offence for reason of grave and sudden provocation and very often they themselves go to the Police Station together with the weapon of offence to surrender before the Police Authorities. (b) Penal Code (XLV of 1860)  Ss. 307 & 100-Grave and sudden provocation-Accused failing to make out case of grave and sudden provocation-Accused's wife and victim both of equal age and victim's frequent visits to accused s house---Gave accused good reason to suspect visits for purpose of carrying on clandestine liaison years reduced to two provocation, held, existing---Sentence of four years reduced to two years in circumstances of case. (c) Penal Code (XLV of 1860) Ss. 307 & 326-Accused armed with hatchet inflicting only one injury each on two victims though he could have inflicted more Conviction under S. 326 instead of S. 307, held, proper in circumstances. Date of hearing : 23rd May 1974.                                                                                                                            JUDGMENT The appellant Qurban Ali was tried by the First Additional Sessions Judge Nawabshah, on a charge under section 307, P. P. C. and on being found guilty was by a judgment dated 15-11-1973 convicted of the said offence and sentenced to R. I for four years and a fine of Rs. 500(in default 6 months R.I.). He has filed the present appeal through Mr. Muhammad Bux Dumrah, Advocate, who has appeared for him. The State vas represented before me by Mr. Muhammad Ramzan Kureshi, Advocate. 2. Briefly stated the facts of the prosecution case are that on 16-7-1972 at about 7-30 a.m. injured Zahid Hussain came…
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