Law:

Section:

(a) Penal Code (XLV of 1860)--S.304, Part I---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine whether the period of actual sentence as convicts, was commensurate with the facts and circumstances of the case as well as in accordance with the principles laid down by the superior Courts in this behalf from time to time. (b) Penal Code (XLV of 1860)--- ----S.304, Part I---Constitution of Pakistan (1973), Art. 185---Sentence, enhancement of---Period undergone by the accused as convicts though was very short, but the total period served by them as convicts and as under-trials when added together had come to more than six times the period undergone as convicts---If the accused were allowed benefit of S.382-B, Cr.PC., the total period could not be against the dictates of justice and the same was ordered accordingly whereafter no necessity was felt for enhancement of sentence of imprisonment any further. (c) Penal Code (XLV of 1860)- ----S.304, Part I---Constitution of Pakistan (1973), Art.185---Sentence, imposition of fine---Grave and sudden provocation in the case related to the molestation by the deceased of the real sister of the accused---High Court in its wisdom had thought it proper not to impose any fine and if such omission was relatable to the peculiar facts and circumstances of the case, the same had not contravened any principle relating to the award of sentence or even compensation---Appeal was dismissed by Supreme Court in circumstances. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---In this criminal appeal for enhancement of sentence in a homicide case the respondents stood convicted under section 304, Part I, P.P.C. Their act was found to be one under grave and sudden provocation and they were given the benefit of Exception 1 to section 300, P.P.C. The sentence was reduced by the High Court from life…

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