| Citation(s) |
|---|
| 1951 SLG 31 1951 SLD 31 1951 PLD 318 |
Lahore High Court
Criminal Appeal No. 8 of 1951, decided on 17th May, 1951, from the order of Sessions Judge, Montgomery, dated the 5th December 1950 convicting the appellants
MUHAMMAD, JAN AND SHABIR AHMAD, JJ
Muhammad Amin Khan, for Appellants. Ch. Muhammad Sharif, A.A.G. for
Respondent
Criminal Appeal No. 8 of 1951, decided on 17th May, 1951, from the order of Sessions Judge, Montgomery, dated the 5th December 1950 convicting the appellants
MUHAMMAD, JAN AND SHABIR AHMAD, JJ
Muhammad Amin Khan, for Appellants. Ch. Muhammad Sharif, A.A.G. for
Respondent
FATTA and another
VS
CROWN
Law: Pakistan Penal Code, 1860
Section: 300
Penal Code (XLV of 1860), S, 300, Exception 1-Provocation and act done in consequence thereof must bear resonable relationship. Exception 1 to S. 300 Pakistan Penal Code provides that culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. It requires in the first place that what the offender did was done by him whilst he was deprived of the power of self-control and bad no time to cool down or to take into account the nature of the weapon used by him. It must further be shown that the offender was deprived of the power of self-control by grave and sudden provocation. It is not every provocation that will reduce the offence of murder to mere culpable homicide. The test to be applied is to see what effect the provocation given would have on an ordinary reasonable man. An unusually excitable or pugnacious individual cannot be allowed to rely on provocation which would not make a normal man act as he did. The resentment caused by- the provocation and the act done in consequence thereof must bear reasonable relationship to the provocation if the offence is to be reduced from murder to mere culpable homicide. JUDGMENT MUHAMMAD JAN, J.-Fatta, son of Buta, aged about 40 years, and his wife's brother Gulzari, aged about 25 years, have been convicted under section 302 Pakistan Penal Code and sentenced to transportation for life for intentionally causing the deaths of Ahmad Shah, aged about 40 years; and his cousin Pir Shah, aged about 35 years, on 16th May 1950 at about 11 a. m. in village Satghara, District Montgomery. The report relating to the occurrence was made by Bahar Shah (P. W. 4), brother of Ahmad Shah deceased; at Police Station Renala Khurd, situated at a distance of about six miles from Satghara at about 2-30 p. m. the same day. Fatta's son Sammon, Gulzari's father Rangu and three others, named, Chanan, Bhag and Piara were tried along with the appellants for being members of an unlawful assembly in prosecution of the common object of which the deceased were killed.…
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