Law: Pakistan Penal Code (XLV of 1860)

Section: 302

(i) Criminal Trial-* — -Two versions of incident—Held : When two versions of incident be before Court, one in favour of appellant ought to be accepted. IP. PLD 1959 SC 480 rei.  (it) Pakistan Penal Code (XLV of 1860)- -- Ss, 302 & 304 (1) — Murder— Offence of — Grave and sudden provocation—Effect of— Conviction under S. 302— Alteration of that under S. 304 (1)— Evidence, appreciation of— Appellant killing his wife due to sudden provocation on finding her in objectionable and naked condition and some one running out of her room — Held : Appellant having committed murder out of "Ghariat" conviction under S. 302 P.P.C. to be altered to that under S. 304 (1) P.P.C. and sentence to be reduced to 8 years, fP. 320]£ PLD 1959 SC 480 ; PLD 1963 Kar. 684 & PLD 1964 Kar. 264 ref. JUDGMENT Appellant above named, being aggrieved by judgment dated 27-8-1983 01 the learned Sessioos Judge, Khairpur, in Sessions Case No. 13-14/82 by wuich appellants have been convicted under section 302 P P. C and inlSCefl 1° SU ?' imP[ison®ent for 1'fe  ^,d to pay fine of Rs. 10, 000/-or n default to suffer turtherR.L   for  3  years  and  also  convicted   under section 324 P.P.c. for causing knife  injuries  to  P. W.    Riaz  Hyder and Sion iVpI FnV' for]year and als°has been convicted under section 13-E Arms Ordinance and sentenced to suffer R- I. for one year, has preferred the above appeal on the following facts and grounds. Hn«?" !c°th» °f Januar>'', I982 one Nazar Muhammad son of Tajjamual Hussam Syed resident of Bhugari, Khairpur appeared at Police Station Kha.rpur town and lodged his report about the murdsr of his niece Mst Sajada Parveen. According to this report, Mst. Sajda Parveen niece or complainant, was married to Furqan Hyder alias Taj s/o Hyder 5wahP ' -r;° BhTgri about four ^ears a8°> Mst- Sajda Parveen, alter her marriage used to reside in the house of her husband in Bhurgari thl vp'nf u kj ^td 8lVen birth to one…