Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Leave to appeal granted to examine whether plea of grave and sudden provocation taken by accused who was convicted and sentenced to death by High Court under S. 302, Penal Code, was not in circumstances of case, possibly true. (b) Penal Code (XLV of 1860)-----Ss. 302, 300, Exception I & 304, Part I--Constitution of Pakistan (1973), Art. 185(3)--Appeal--Grave and sudden provocation--Accused coming to his wifes house, knocked at door which was bolted from inside but on receiving no response, securing entry by scaling over wall saw his wife lying on a cot with a stranger who was kissing and hugging her--Accused taking a vegetable knife from nearby caused as many as twenty-nine injuries to her and stabbed stranger who was trying to run out and as such accused killed both of them--Scene was witnessed by an inmate of house and a natural witness--Blood-stains were recovered and taken into possession only from one spot i.e. place inside house where his wife was given repeated blows by accused-­Number of injuries spread all over her body also suggestive of mood of assailant--Held, these factors all taken together might not prove to hilt defence version but it had certainly merit of making defence version of grave and sudden provocation plausible and creating reasonable doubt with regard to correctness of prosecution version--Convict, therefore, entitled to benefit of Exception I to S.300, Penal Code--Conviction and sentence under S. 302 set aside and same substituted by conviction under S. 304, Part-I Penal Code, with rigorous imprisonment for ten years in circumstances.--[Grave and sudden provocation]. Muhammad Hayat Junejo, Senior Advocate Supreme Court instructed by Muzaffar Hassan, Advocate-on-Record for Appellant. Sattar A. Shaikh, Addl. A.-G., Sind and S.M. Abbas, Advocate-on-Record for the State. Date of hearing: 8th January, 1986. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to the convict under section 302, P.P.C. (two counts) sentenced to death told examine whether his plea of grave and sudden provocation was not in the circumstances of the case, possibly…

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