Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), Ss. 302 & 304--Leave granted to consider plea that it was probable that accused on surprise visit to his own house, found deceased with his wife at night and had done him to death under grave and sudden provocation and that his conviction could not be sustained under S. 302, P.P.C.; and that even if this plea was not specifically pleaded at trial, yet on facts and 'circumstances appearing in prosecution case itself, accused was entitled to benefit of such plea even at Supreme Court stage. (b) Penal Code (XLV of 1860)-- ---Ss. 302 & 304--Murder--Grave and sudden provocation not pleaded at trial--Sustained by prosecution evidence itself--Plea accepted by Supreme Court--Deceased having illicit relations with accused's wife-­During night of occurrence on his usual visit for illicit connections was surprised by accused and killed--Plea of sudden and grave provocation-­Prosecution evidence itself sustaining defence plea that it was on account of sudden and grave provocation that accused caused death of deceased--Benefit of doubt regarding this plea allowed to accused-­Conviction altered to one under S. 304, P.P.C.--Sentence reduced to (7 years) already undergone.[ Grave and sudden provocation Ijaz Hussain Batalvi, Senior Advocate Supreme Court instructed by Rao Muhammad Yousuf Khan, Advocate-on-Record for Appellant. M.M. Saeed Baig, Advocate Supreme Court with Sh. Ijaz Ali, Advocate-on-Record for the State. Date of hearing: 2nd March, 1981. JUDGMENT ABDUL KADIR SHAIKH, J.--This appeal by leave is directed against the judgment of Lahore High Court, dated 19-2-1975 dismissing appellant's appeal against the conviction recorded against him by the Sessions Judge, Gujrat under section 302/34, P.P.C. for which he was sentenced to life imprisonment. 2. The prosecution case as disclosed at the trial briefly narrated is that Asghar Ali (deceased) was running a retail shop of commission agent in Bazar at Jalalpur Jattan District Gujrat. On 24-8-1975, at about Peshiwela, when his brother Noor Muhammad and one Abdul Majid were sitting at his shop, petitioner Muhammad Sharif and Riaz Ahmad came…

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