Law: Penal Code (XLV of 1860)

Section: 300,302

(a) Penal Code (XLV of 1860)--   ---S.300, Exception 1--Provocation--Applicability of Exception 1 to S.300, Penal Code--Before benefit of exception could be given, provocation should be grave and sudden and that by its gravity and suddenness offender should be deprived of power of self-control--All this was, however subject to proviso that offender should not seek it or make it an excuse for-killing victim by inciting to provoke him (offender).   (b) Penal Code (XLV of 1860)—   ---S.300, Exception 1--Grave and sudden provocation--Test-­Provocation must be such as would upset not merely a hasty, hot--­tempered and hypersensitive person but would upset also a person of ordinary sense and calmness--Law does not take into account abnormal creatures reacting abnormally in given situations.   (c) Penal Code (XLV of 1860)—   ---Ss.300, Exception 1 302--ccused allegedly was provoked when he was called Chamcha by deceased--A reasonable man placed in same position as accused was, would not have reacted under that provocation in manner in which accused did--Accused during initial fight with deceased, when he was allegedly provoked, did not use his fire-arm which he could resort to, if provocation had been sc sudden and grave, but when he was overpowered by deceased and felt insulted he committed crime of killing deceased by firing at him with revolver while latter was taking refuge in a room--Held, Court erred in treating two incidents as a continuing transaction and giving accused benefit of Exception 1 to 5.300, Penal Code--Conviction and sentence of accused altered to S.302, Penal Code, and his sentence substituted with imprisonment for life.   (d) Penal Code (XLV of 1860)-   ---S.300, Exception 1--Grave and sudden provocation--Calling someone Chamcha not sufficient to deprive him of his power of self-control-­Word Chamcha which was commonly spoken to indicate loyalty of a person to his superiors, held, could not be regarded as of such a gravity as to deprive him of-his power of self-control.--[Words and phrases].   JUDGMENT MUHAMMAD HALEEM, C J.--Leave to appeal was granted to consider whether the High Court was correct in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492