Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302 & 304, Part I---Appraisal of evidence---Grave and sudden provocation---Sentence---Relationship of eye-witness with the deceased was not sufficient to discard his testimony in toto---Deceased were maintaining illicit intimacy and had been killed by the accused who was brother of female deceased under grave and sudden provocation while they were engaged in the sexual act--­Accused although had denied to have killed the two deceased under grave and sudden provocation, yet the circumstances which could not lie showed otherwise---Conviction of accused under S.302, P.P.C. was altered to one under S.304, Part 1, P.P.C. as he was deprived of control over his passions on seeing his real sister engaged in sexual act with her paramour right in his house--­Accused having been in jail for the last five and a half years, his sentence of, death was reduced to imprisonment already undergone by him in circumstances. JUDGMENT SH. IJAZ NISAR, J.---Zulfiqar son of Shamir Khan 22 was tried for the murders of his sister Mst. Shamshad Bibi deceased and her paramour Shaukat Ali deceased. By judgment dated 17-1-1993, learned Additional Sessions Judge, Chiniot convicted him under section 302, P.P.C. and awarded him death penalty as Qisas on two counts. 2. Challenging his conviction, he has filed this appeal while the learned trial Court has made a reference for the confirmation of his death sentence. Both the matters are being disposed of together by this judgment. 3. The prosecution case, in brief, is that on the night between 16th and 17th May, 1991, Hoat Khan P. W. 2 and Manzoor Hussain P. W. 3 were asleep in front of the house of the former. At about 2-00 a.m. they woke up and on an alarm, coming from the house of Shamir Khan father of the appellant 'and rushed towards that place and saw Zulfiqar appellant giving brick blows to Mst.Shamshad Bibi deceased and Shaukat Ali deceased who were lying on a cot in a semi-naked condition. Declaring that he could not tolerate immoral act of the two deceased he left the spot. Mst. Shanmshad Bibi and Shaukat Ali died instantaneously on the spot. 3-A. The motive for the occurrence was that Shaukat Ali…

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