Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860) S. 302(c) Appreciation of evidence Plea of grave and sudden provocation Motive behind the occurrence as disclosed by the complainant in the F.I.R. was that the accused suspected the deceased for having illicit relations with his wife Accused had admitted to have killed the deceased under the impulse of grave and sudden provocation on having seen him in an objectionable condition with his wife Trial Court had rightly relied upon the statement of accused recorded under S.342, Cr.P.C. Accused had not only explained the injuries on the person of the deceased but had also explained the injuries suffered by his wife which stood corroborated by medical evidence Conviction of accused under S.302(c), P.P.C. and sentence of five years R.I. awarded to him by Trial Court thereunder were upheld in circumstances. Ali Muhammad and others. v. The State PLD 1996 SC 274; Saeed Ahmad v. The State 1996 PCr.LJ 1016 and Muhammad Ashfaq alias Barq v. The State 1998 PCr.LJ 1110 ref. Khawaja Sultan Ahmad for Appellant. Mirza Masood Sadiq for the State. Malik Muhammad Qasim Joya for the Complainant Date of hearing: 9th October, 2001. JUDGMENT SHEIKH ABDUR RAZZAQ, J. Briefly stated the facts are that Bashir Ahmad (since deceased) brother of Naseer Ahmad complainant (P.W.6) has been working as driver on the tractor with Javed Sargana resident of Nawab Bhoti. On 11 5 1994 the complainant alongwith his brother Bashir Ahmad and Talib Hussain son of Wali Dad were sleeping in the Dera of Javed Sargana. At about 3 00 a.m. Ejaz Ahmad son of Ghulam Muhammad resident of Nawaz Bhoti came at the Dera of Javed Sargana. He woke Bashir Ahmad deceased and took him to his house on the pretext of some private work. After sometime the complainant heard a fire shot coming from the house of Ejaz Ahmad. He alongwith Talib Hussain rushed towards the house of Ejaz Ahmad and saw that Bashir Ahmad was coming out of his (Ejaz Ahmad) house and was chased by Ijaz Ahmad who fired successive shots upon Bashir Ahmad hitting him on his abdomen, right arm, right hand, back and left thigh. As a result of which he fell down. The complainant and Talib Hussain then removed the injured for his…

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