Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--Ss. 302, 380 & 452--Constitution of Pakistan (1973), Art. 185(3)--Supreme Court Rules, 1980, O. XXII, R.3--Safe administration of criminal justice--Petition against conviction--Defence plea of grave and sudden provocation-Prosecution version not reliable--Motive supporting version of petitioner--Leave to appeal granted to examine peculiar features of prosecution case in juxtaposition with explanation of petitioner in order to ascertain whether his conviction is sustainable in consonance with the principles of safe administration of criminal justice. ORDER This is a jail petition for leave against the judgment of a learned Single Judge of the Lahore High Court, whereby the petitioner's convictions under sections 302, 380 and 452, P.P.C. were maintained and his appeal was dismissed. The petitioner was sentenced to imprisonment for life as well as fine on the first count, and under the rest of the counts he was awarded one year's R.I. and two years R.I. respectively. The prosecution case is that at about midnight time, while the deceased Muhammad Zaffar was sleeping in his house the petitioner broke into the house and fired a pistol shot, as a result of which the deceased died a few hours later in the hospital. The motive alleged by the complainant is that petitioner suspected the deceased to be on illicit terms with his wife Mst. Sahib Khatoon. The petitioner's defence was that he was at his fields and on return to his house late at night, he found the deceased in a compromising position with his wife, upon which, out of grave and sudden provocation, picking up the loaded gun of the deceased lying beside the bed fired at him. The case of the prosecution rested mainly on the testimony of complainant Muhammad Arif, brother of the deceased and Mst. Maqbool Bibi, wife of the deceased. So far as Mst. Maqbool Bibi is concerned her version is that she got up on the sound of pistol fire. As the night was dark and no light bulb was secured by the police, the question is whether this witness was able to identify…

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