Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302 read with S. 300, Exception I Grave and sudden provoca¬tion No provocation can render homicide justifiable but may only reduce offence to culpable homicide not amounting to murder -Gestures or words Do not, generally amount to sufficient provocation to reduce homicide to culpable homicide not amounting to murder ¬Injuries in such case must have been inflicted immediately upon provocation being given and before anger bad time to subside Provo¬cation must also be of such kind as would deprive ordinary man of his self control. [Grave and sudden provocation]. (b) Penal Code (XLV of 1860) ----S. 302 read with S. 300, Exception I Murder Culpable homicide not amounting to murder Grave and sudden provocation Appellant accused suffering from some kind of stress in his early days of married life and taking exaggerated view of jokes cut by deceased with his wife, omitting to consider that young boys being dewars of his wife, even in making some jokes, did nothing of kind as could give rise to an ordinary reasonable man such provocation as could lead him to commit double murder in cold blood Plea of grave and sudden provocation, held, not available in circumstances. [Grave and sudden provocation]. (c) Penal Code (XLV of 1860) -----S. 302 read with S. 300, Exception I Culpable homicide not amounting to murder Provocation Mitigation of offence Accused repeatedly stating that deceased used to come naked on top of house where wife of accused appellant used to be present Such allegation, held, makes reasonable ground for reduction of sentence of death to one of imprisonment for life. [Sentence]. JUDGMENT MIAN BURHANUDDIN KHAN, J. The appellant was convicted under section 302, P. P. C. on two counts for the murder of Abdul Ghani and Khalid Mahmood. He was sentenced to death on both the counts and a fine of Rs. 4,000 on each count by the Sessions Judge, Bahawalpur vide his judgment dated 6 12 1975. The fine, if recovered, was ordered to be paid to the legal heirs of both the deceased. The appellant filed an appeal against his conviction, and his death sentence also came up for confirmation before the Lahore High Court. The learned Judges…

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