Law:

Section:

Penal Code (XLV of 1860)--Ss. 300, Exception, 1, 302 & 304 Part I---Appreciation of evidence Defence version---Plea of grave and sudden provocation---Benefit of reasonable doubt, when to be given to accused---Test---Defence version was that accused finding his sister lying on the cot with the deceased got enraged and losing control of himself, picked up Kulhara lying near the cot and killed both of them under grave and sudden provocation---Such version in the attending circumstances indicated a strong possibility that accused was not only surprised but shocked on seeing the two of them in a compromising position--­Where on hearing both prosecution and defence versions, it was not possible for the Court to hold that the version given by the accused was not absolutely false, the benefit of the reasonable doubt would go to accused---Conviction under S. 302, P.P.C. was accordingly converted into conviction under S. 304, Part I, P.P.C. reducing the sentence to seven years with benefit of S. 382-B, Cr.P.C. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---In this murder case leave to appeal was granted on petition of the appellant for re-appraisal of evidence for the grounds stated m the order for grant of leave to appeal dated 21-12-1991. As against the prosecution version of a planned attack by the appellant and the resultant two murders, the defence version given by the appellant was as follows:--- "In fact Mst. Zohran, my sister was married to Abdullah. She was present at our house when she slipped away. It was about a month prior to the occurrence. I had been making efforts to locate her but I could not trace her whereabouts. Abdullah husband of Mst. Zohran held us responsible for the slipping away of his wife and was pressing hard to search her and to return her to her husband. In connection with the search of Mst. Zohran on 28-8-1983 I reached late by bus at Arifwala. From Arifwala I went to Chak No.27/EB to the house of my sister Mst. Aisha on foot. I arrived at the house of my sister Mst. Aisha and her husband Asghar at about 11.30 p.m. There I found that Mst. Aisha and her husband were not present while their children were present in the courtyard and were asleep.…

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