Law:

Section:

Penal Code (XLV of 1860)---S. 302 read with S. 300, Exception 1-[Murder-case]-Grave and sudden provocation-Appellant living as khana damad with his parents­ in-law, suspected of having stolen jewellery of daughter in law of deceased, his father-in-law, and deceased alleged to have asked him to return jewellery otherwise he would report matter to Police Appellant going away to irrigate his fields and on his return to house killing his father-in-law, mother-in-law and his own wife at night while all in sleep-Occurrence witnessed by natural witnesses and accused appellant admitting to have killed three deceased before committing Magistrate and trial Court but raising plea of grave and sudden provocation alleging to have seen his deceased wife in a compromising position with prosecution witness another son-in-law of deceased-Contention that wife of appellant having not been wearing any shirt at relevant time but wore only a loin-cloth and prosecution witness having been lying on a cot adjoining her cot and on appellant's arrival his father-in-law and mother-in-law having tried to alert such two persons his parents-in-law stood party to dishonorable act of his wife and as such he killed them on grave and sudden provocation-Held : Although contention that prosecution witness's presence in a house at night and his lying on cot near cot of appellant's wife and wife being practically naked could have given appellant grave and sudden provocation but absolutely no excuse existed for his having also committed murder of his parents-in-law Suggestion as to appellant's parents having been keeping guard over couple indulging in immoral activities and medical evidence having shown both such persons having been, killed while lying down cannot lead to interference with sentence under S. 302, P. P. C as far as murder of appellant's parents-in-law concerned but plea of grave and sudden provocation acceptable in so far as murder of appellant's wife concerned-Appellants in circumstances convicted under S. 304, Part 1, P. P. C. for murdering his wife but convicted under S. 302 and sentenced to death for murder of his parents-in-law-Constitution of, Pakistan (1973), Art. 185(3).-[Grave…

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