Law:

Section:

Penal Code (XLV of 1860)-- ---S. 302 read with S. 300, Exception 1 Murder Grave and sudden provocation Deceased dying as result of firearm injuries found on her chest by Medical Officer Prosecution case being supported by disinterested eye witness account of a witness, fact of recoveries of crime weapon and empty being disbelieved by trial Judge and High Court in no way affecting prosecution case Likewise fact of E. I. R. having been seemingly recorded by Investigating Officer after making inquiry on spot of no help to accused appellant due to F. I. R. being no substantive evidence F. I. R. even if ignored, authentic, convincing and unblemished evidence still remaining on record Appellant being married to younger sister of Mst. B living wife of one W bound to have entertained motive to kill deceased not only because of her living in adultery with W but also because of married life of Mst. B having been made miserable Appellant in his Jail appeal also admitting to have murdered deceased but stating to have done so under grave provocation for her living in adultery with W Admission 'of accused alone though not to be taken into consideration against him but in context of rest of evidence surely explains story of he alone being responsible for crime Appellant having been objecting to such open adultery from time to time but on fateful day appears to have come to make final attempt to persuade W to mend his ways but seemingly being frustrated in such attempt lost his temper and murdered deceased -Sentence of death in circumstances, held, not called for and reduced to transportation for life. JUDGMENT G. SAFDAR SHAH, J. This Jail appeal is directed against the judgment of the Lahore High Court, dated 11 7 1975 and arises in the following circumstances In consequence of F. I. R. (Exh. P. A.) lodged at the Vehari Police Station, District Multan, by Abdul Razaq (P. W. 7) at 2 30 a.m. on 21 10 1971, appellant Hakim Ali was arrested for having murdered Mst. Walian in her house on the night between October 20/21, 1971 with the aid of a pistol. According to the prosecution, the background which ultimately led to the said tragedy was that the deceased was married to Umar…

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