Law:

Section:

Penal Code (XLV of 1860)------ Ss. 302 & 300, Exception Iv--Accused finding his brother involved in quarrel with deceased and two others (all unarmed) slipping inside his house, picking up a knife and coming straight to deceased stabbing him in abdomen - Contention that accused was provoked by "jhagra" and had dealt only one . blow and was, therefore, entitled to protection of Exception IV to S. 300-Held, accused was not entitled to the benefit for : (!)provocation if any was given to his brother (ii) persons involved in quarrel were unarmed (iii) accused had deliberately armed himself with clear intent to kill. Rustam J. E. Kaikobad, Advocate Supreme Court for Appellant. Kazi Akhtar Ahmad, Additional Advocate-General West Pakistan (Jamaluddin H. Ahmad, Advocate Supreme Court with him) instructed by Ijaz All, Attorney for the State. Date of hearing : 14th January 1969. JUDGMENT HAMOODUR RAHMAN, C. J.-The appellant was tried, for the murder of one, Mohabat Khan, by the Additional Sessions Judge, Karachi, who convicted him under section 302 of the Pakistan Penal Code and sentenced him to death. On appeal by the convict and a reference under section 374 of the Code of Criminal Procedure a Division Bench of the High Court of West Pakistan at Karachi dismissed the appeal and confirmed the sentence of death. The appellant then filed a petition for special leave to appeal from Jail. Leave was granted to him on the 27th of June, 1968, to consider whether exception IV to section 300 of the Pakistan Penal Code was applicable in the facts and circumstances of this case to reduce his offence or alternatively, to consider whether the said circumstances would justify commutation of his sentence from death to trans­portation for life. The deceased, who was a tinsmith, lived with his wife and children at Juna Kumharwara on the Noor Ilahi Road, Karachi. Many Pathans lived behind his house. One of the said Pathans, namely, Gulzar Khan, on the morning of the 21st of April 1965, was found urinating in front of the window on the back side of the deceased's house. The latter's son, Nadir Hussain, came out and objected to this on the ground that such conduct disturbed the privacy…

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