Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3) Penal Code (XLV of 1860), S. 302 Murder Leave to appeal granted to consider question of sentence awarded to accused. [Sentence]. (b) Penal Code (XLV of 1860) --S. 302 Quarrel between ladies over drain running from accused's house and damaging deceased's wall Exchange of abuses between de¬ceased and mother of accused After 12/13 days accused causing injuries to deceased raising lalkara that he has avenged insult of his mother ¬Appreciation of evidence Veracity of statement of eye witnesses not seriously challenged Prosecution witness having no personal enmity with accused Prosecution witness present in next dera where occurrence took place Deceased stabbed at point No. I while body found lying at point No. 2 in plan Blood found at both points Nothing found in statement of prosecution witnesses which could have termed as personal motive to depose against accused Statement of prosecution witnesses, held, cannot be ignored Case of grave and sudden provocation, held further, not established in circumstances. [Grave and sudden provoca¬tion]. (c) Penal Code (XLV of 1860) --S. 302 Murder Motive Record showing that prosecution has failed to establish alleged motive for crime Exchange of harsh words between accused and deceased before accused opened attack Accused, held, attacked in heat of moment as such life imprisonment and not death sentence will meet ends of justice Amount of fine ordered to be paid to deceased's brother and not to her husband who turned her out of his house and had not looked after her till time of her murder. -[Sentence]. JUDGMENT MIAN BURHANUDDIN KHAN, J. Appellant Rehmat Ali, aged 35, resident of Dera Kundan Singh, Chuharkana, District Sheikhupura was tried by the learned Additional Sessions Judge, Shaikhupura under section 302, P. P. C. for committing the murder of Mst. Inayat Bibi wife of Muhammad Yusuf, aged about 49 by stabbing her with a chhuri Exh. P/1 on 14 8 1975 at about 2 25 p.m. in the limits of Dera Kundan Singh. He was convicted under section 302 and was sentenced to death and a fine of Rs. 6,000 or, in default, to undergo R.1. for further six months. Amount of fine, if realized, was…

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