Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Appreciation of evidence---Ocular testimony inspired confidence and statements of eye-witnesses were believable ---Eye­witnesses had no motive to falsely implicate the accused to the heinous crime---Identification test was not essential in the case as the prosecution witnesses had not only ample opportunity to have seen the face of the accused very clearly but were also able to remember his face and the accused had been arrested on the pointation of the complainant---Record did not indicate that the accused had been provoked at the time of incident, nor any such plea had been taken by him during his trial---No case of sudden and grave provocation was, thus, made out in favour of accused---Conviction and sentence of accused were upheld in circumstances. Federation of Pakistan v. Gul Hassan Khan PLD 1989 SC 633 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(c)---Provocation---Connotation---Provocation is a psychological matter and it mainly consists of three elements, namely, the act of provocation, the loss of self-control both actual and reasonable and retaliation proportionate to the provocation. (c) Penal Code (XLV of 1860)--- ----S. 302(c)---Conditions for bringing the case of accused under the ambit of provocation: (i) deceased must have given provocation to the accused, (ii) provocation must be grave, (iii) provocation must be sudden, (iv) accused due to said provocation should have been deprived of his power of self-control and killed the deceased during the continuance of the deprivation of power of control and (v) the accused must have caused the death of the person who had given the provocation. Federation of Pakistan v. Gul Hassan Khan PLD 1989 SC 633 ref. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.---The present appeal is directed against the judgment dated 31-10-2002, passed by the learned Special Judge (STA), Karachi, Central, in Special Case No.68 of 1998 (State v. Naik Muhammad Yaqoob). Under the impugned judgment, the learned Judge found the appellant guilty of Qatl-e-Amd of deceased Zafar, therefore, the appellant was convicted and sentenced to imprisonment for life with benefit of section 382-B, Cr.P.C.…

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