Law:

Section:

Penal Code (XLV of 1860) Ss. 300, Exception I & 304, Part I--[Murder case] Grave and sudden provocation Appreciation of evidence Eye witnesses cousins of deceased First Information Report implicating only second respon-dent Second respondent though confessing guilt yet implicating himself alone and pleading ghairat Eye witnesses claiming to have seen occurrence from beginning to end and to have rushed out of their houses on hearing alarm but spot inspection by Sessions Judge reveal¬ing their houses having been situated two furlongs away from place of occurrence Medical evidence showing incident having taken: only a couple of minutes, difficult to believe eye witnesses having been able to come to vardat in time and to see occurrence No error of low in view taken by High Court and confession having not implicated respondents 3 and 4, High Court rightly giving them benefit of doubt and ordering their acquittal Prosecution case resting solely on confession, such confession, to be accepted in toto and plea of ghairat rightly accepted by lower Court Case against second respondent, held, fell under Ist Exception to S. 300 and his conviction under S. 304, Part I, rightly recorded. [Grave and sudden provocation Evidence]. Ahmadullah Faruqi, Advocate on Record for Petitioner. Mumtaz Hussain, Advocate and S. M. Abbas, Advocate on Record for the State.' Date of hearing: 25th May, 1980. ORDER DORAB PATEL, Actg. C. J- The private respondents in this petition for leave are cousins and they were convicted by the Sessions Judge, Badin, under section 302/34, P. P. C. for the murder of Mst. Jamila and Mst. Sabhai (the wife and aunt of the second respondent respectively), and whilst the second respondent was sentenced to death, the respondents 3 and 4 were sentenced to life imprisonment. Fines were also imposed. The private respondents challenged their conviction in an appeal to the Sindh High Court, which was heard with the reference from the Sessions Judge. And, by their judgment dated 24 4 1979, the learned Judge of the Sindh High Court acquitted respondents 3 and 4 and they altered the second respondent's conviction to section 304, Part I, P. P. C., and sentenced him to…

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