Law:

Section:

Penal Code (XLV of 1860)- S. 302 read with Ss. 300, Exception I & 304, Part I-Murder-crave and sudden provocation-Offence, alteration of-Deceased responsible for cold-blooded murder of five members of accused family-On chance meeting, after satisfying as to whether deceased was murderer of his family members, accused firing a single carbine shot at deceased ­Case of accused, held, well within ambit of Exception I to S. 300, . P. P. C. for having killed deceased under grave and sudden provocation in circumstances-Conviction of accused under S. 304, P. P. C. altered to one under S. 304, Part I, P. P. C.--[Grave and sudden pro-vocation]. JUDGMENT Aftab Ahmad son of Khizar Hayat, aged 14J, armed with a carbine, has been convicted under section 302, P. P. C. for the murder of Turaij, aged 48 years, and vide judgment dated 6-3-1980 of the Additional Sessions Judge, Jhang, was sentenced to life imprisonment plus fine of Rs. 2,000 or in default to undergo six months' rigorous imprisonment. His appeal is -being disposed of by this judgment alongwith Cr. R. No. 321 of 1.980 for enhance­ment of the sentence awarded to him to death. 2. The occurrence took place at 12-30 p.m. on 24-12-1.977 in Ayyub Chauk Jhang, at a distance of 3 furlongs from Police Station Kotwali, Jhang. Statement Exh. P. B. was made by Nazir Ahmad F. C. P. W. 2 at 2 p .m. on 24-12-1977 on the spot and it was recorded by Asghar Ali S. I. P. W. 7, who happened to be passing from there in connection with the investigation of some other case. On the basis of the aforesaid statement formal F. I. R. Exh. P. B. 1 was registered at the police station by Hashmat Ali M. H. C. (not produced) on the same day at 2-15 p.m. 3. The motive for crime, as stated in the F. I. R. and subsequently as proved before the trial Court, is that the deceased was admittedly a history-­sheeter Badmash as well as a hired assassin who was involved in the murder of five members of the family of the appellant including his brother Munir Ahmad, cousin Sikandar Hayat, uncle Haque Nawaz, Mst. Fatima, wife of his brother Muhammad Iqbal as well as his paternal-grandmother. The motive version is being supported by Muhammad Aslam Arsala S.…

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