Law:

Section:

(a) Penal Code (XLV o-f 1860)­ ---- S302 --- Appraisal of evidence --- Trial Court after accepting the, defence plea of co-accused convicted him under S304, Part I, P.P.C, but at the same time convicted the accused under S302, P.P.C. holding that the plea of grave and sudden provocation was not available to him for want of any relation with the woman which amounted to legal infirmity --- Plea of grave and sudden provocation taken by co-accused appearing to be truthful had excluded all possibilities of any other story or participation of the accused in the occurrence --- Accused was acquitted in circumstances. (b) Penal Code (XLV of 1860) ---S304, Pad I --- Appraisal of evidence --- Defence plea of the accused of having acted under grave and sudden provocation at the time of occurrence when placed in juxtaposition with the prosecution story appeared to be truthful and confidence inspiring-Conviction and sentence of accused were maintained accordingly with benefit of S382-B, Cr.P.C. (c) Penal Code (XLV of 1860)­ ---- S300, Exception I --- Benefit of Exception 1, S300, P.P.C. whether available to a stranger --- Person who is otherwise stranger to a woman when sees her in the arms of another and loses control over the situation would be entitled to get benefit of Exception 1, S3W, P.P.C. in a particular society where social norms are observed strictly everywhere with no distinction. [p. 8531 C S.M. Latif Khan Wosa for Appellants. S.D. Qureshi for the State. Malik Ghulam. Hussain for the Complainant. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.-This judgment shall dispose of Murder Reference No.90 of 1991, Crl. Appeal No.292 of 1991 and Crl. Revision No.260 of 1991. 2. Ghulam Muhammad son of Muhammad Sultan aged 26 years and Muhammad Rafiq son of Muhammad Hussain aged 28 years appellants faced trial for the charge under section 302/34, P.P.C. for committing the murder of Muhammad Hayat before the learned Additional Sessions Judge, Mianwali who vide his judgment dated 3-3-1991, convicted Muhammad Rafiq appellant under section 302,- P.P.C. and awarded him death sentence with a fine of Rs.10,000 and in default of payment of fine to undergo R.I. for one year. Ghulam. Muhammad…

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