Law:

Section:

Penal Code (XLV of 1860)-------S. 304, Part I---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether the case being one of grave and sudden provocation, as held by Trial Court, accused was entitled to a lenient sentence as compared to that awarded and whether inferences drawn by High Court in arriving at certain conclusions, including the one that case was not of grave and sudden provocation but merely of grave provocation, were not based on proper appraisal of evidence and circumstances of the case. ORDER RUSTAM S. SIDHWA, J.---This is a petition by Muhammad Nawaz petitioner seeking leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, dated 14th November, 1989, dismissing his appeal and maintaining his conviction and sentence under section 304-1, P.P.C., as recorded by the learned Sessions Judge, Chakwal. The prosecution case against the petitioner was that during the night between 14th/15th August, 1989, at about mid-night the petitioner returned to his house from a hunting excursion, when he found Anwar Baig committing adultery with his wife and, on seeing them in this position, he lost his self-control and picking up a hatchet which was lying nearby he inflicted injuries on them, as a result of which both the paramour and his wife expired. The said version was accepted by the trial Judge. After referring to the investigating officer's statement and the submission of the Assistant District Attorney, the trial Judge held that the prosecution could not place any material from which it could be legally inferred that the petitioner committed the murder without sudden and grave provocation. He, therefore, held the case as coming under Exception I to section 300, P.P.C. and held the petitioner guilty under Part I of section 304, P.P.C. and sentenced him to 10 years' R.I. with fine. On appeal the learned Single Judge of the…

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