Law: Pakistan Penal Code, 1860

Section: 302

(Penal Code (XLV of 1860)]........S 302-Murder on provocation and without premeditation-Abuses hurled at accused-Deceased way laid and mortally attacked 3 hours later-Sentence of death altered to one of transportation for life. Emperor v. Girdhari Teli A I R 1940 Pat. 605; In re Sankappa Shetty A I R 1941 Mad. 326 ; Muhammad Siddique v. The State P L D 1958 Lah. 601 ; Abdur Rahim v. The State P L D 1960 S C 401 and Crown v. Seraf Ali, Sera) Ali v. The Crown 7DLR 119 ref. ORDER BAQUER, J.-The case comes before us on a reference made by the learned Judge, Rajshahi, under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed by him against the two accused, namely, Kaicha Sarkar alias Kanchoo and Sefat Sarkar. They have both, also preferred an appeal against their conviction and sentence and they are represented before us by the learned Advocate Mr. Abdur Rasheed. Both the reference and the appeal were heard together and are being disposed of by this one judgment. The facts of the case as alleged are: The two accused, namely, Kanchoo and Sefat are two full brothers while the deceased Hazrat Ali was their close neighbour. On the morning of Thursday, the 28th of Jaistha, 1371 B. S. corresponding to 11th of June 1964, the children of the two accused and those of Azimuddin, another of the accused, fell out among themselves at the river Ghat over the washing of some grass. The wife of Azimuddin and Jariman the wife of the deceased intervened and tried to dissuade the children from quarrelling. In course of such intercession, the wives of the two accused appeared there and went on altercating with Jariman and the wife of Azimuddin. When the altercation was going on, accused Sefat and his brother Kanchoo appeared on the scene and started siding with their wives leading to the altercation being deepened in course of which accused Sefat assaulted Jariman and the wife of Azimuddin. Hazrat Ali the deceased was not at home at the time being away in the field to look after his cultivation. Subsequently the parties dispersed from the river Ghat. After midday at about Jahar prayer time, Hazrat Ali returned from the field when his wife…

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