Law:

Section:

(a) Penal Code (XLV of 1860) ----S. 302 read with S. 300, Exception I [Murder case] Grave and sudden provocation Contention that accused themselves sought provocation by going armed showing an element of premeditation and therefore lower Court erred in giving benefit of Exception I to accused¬-Contention having been aptly dealt with by lower Court in light of a Supreme Court decision and appraisal of plea appearing to be consistent with evidence of Lambardar of village, no ground, held, existed for interference by Supreme Court. [Grave and sudden provocation]. Muhammad Saleh v. The State P L D 1965 S C 366 ref. (b) Penal Code (XLV of 1860) S. 302 read with S. 300, Exception I [Murder case] Grave and sudden provocation Accused treating a woman as her own sister likely to get provoked seeing her in company of a stranger (deceased) at odd hours of night Observation in case reported as P L D 1965 S C 366 equally applying to case No exception, held, could be taken to order of lower Court. [Grave and sudden provocation]. Muhammad Saleh v. The State P L D 1965 S C 366 ref. ORDER MUHAMMAD HALEEM, J. The petitioner seeks special leave to appeal against the judgment of the Lahore High Court dated 1st of February, 1978, by which the first two respondents were given the benefit of Exception I to section 300, P. P. C. and the Revision Petition No. 525 of 1976 seeking enhancement of sentences was dismissed. The deceased Haq Nawaz was the brother in law of Zulfiqar, a prosecution witness in the case. According to the prosecution, he was on terms of illicit intimacy with Mst. Soban, the real sister of Ramzan son of Mahmood, the first respondent. On the night of 30th of April, 1972, the deceased was seen going towards his Bhaini situate in Square No. 34 of Chak No. 118/15 L, but he failed to reach his destination. The search proved abortive. However, one Haq Nawaz son of Allah Ditta had seen him going towards the Bhaini of the first respondent. Accordingly, a report was lodged by Zulfiqar, the petitioner herein, at 9 15 a. m. on 2nd of May, 1972, at Police Station, Mian Channu. Both the respondents were produced by the Lambardar Sher Muhammad; P. W. 3, and it was alleged that…

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