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Penal Code (XLV (f 1860)- -- S. 304 read with S. 300, Exception 1-Sudden and grave provocation-Sentence-Quantum of-Accused causing death of deceased finding him in his mother's company in an objectionable position Sentence of 9 years' R. 1. reduced to 3 years' R. 1. in circumstances. [Sentence]. Hanif v. The State 1968 P Cr. L J 1505 ref. JUDGMENT Imam Bakhsh appellant has been convicted by the Additional Sessions Judge, D. G. Khan under section 304, Part 1, P. P. C. and has been sentenced to 9 years' R. 1. and a fine of Rs. 500 and in default of payment of fine to suffer S. 1. for 2 months. The appellant was tried under section 302/34, P. P. C. alongwith his brothers Ghulam Farid and Khuda Bakhsh .for having murdered Muhammad Khan on 4-8-75 at 3-00 p.m. when the deceased was returning from Jampur along with Hafiz Ahmad Bakhsh and Muhammad Sadiq. The motive attributed for the commission of the murder of Muhammad Khan was that the appellant and his brothers suspected him of having illicit relations with their mother. 2. At the trial the appellant and his co-accused did not admit the charge but in the statement recorded under section 342, Cr. P. C. after the close of prosecution case, the appellant disclosed that on the day of occurrence he was returning from his fields to his house when he heard some whispers from a jawar field. When he went near the field he found Muhammad Khan deceased and his mother Mst. Suhagan present there in objectionable position. Muhammad Khan deceased after seeing him tried to run away but he attacked him with the hatchet and inflicted injuries on his person. His mother, however, managed to slip away. According to the appellant his brothers were not present there and that they had not taken any part in inflicting injuries on the person of the deceased. Ghulam Farid and Khudah Bakhsh also supported the appellant in their statements recorded under section 302, Cr. P. C. that they had not taken any part in causing injuries to Muhammad Khan deceased. According to them they had been falsely implicated in the case. 3. The learned Additional Sessions Judge did not accept the prosecution version. He found that Muhammad Khan deceased was…

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