Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Case was of two versions---Case of accused was that be having come to know about the immoral act of deceased with his daughter lost self-control and in the heat of passion due to "Ghairat" under grave and sudden provocation fired at the deceased---Evidence on record did not suggest that accused at any time had seen his daughter and the deceased together at any place---Version of the accused even if is given full weight, still the element of grave and sudden provocation would be missing and it could hardly be suggested that the accused on receiving the information about the act of the deceased, was provoked and instead of setting the machinery of law at motion against the deceased, took the law in his own hands on the excuse of grave and sudden provocation---Commission of an offence due to "Ghairat" or family honour must be differentiated from grave and sudden provocation in consequence to which crime was committed---Plea of grave and sudden provocation might not be available to an accused who having taken plea of "Ghairat" and family honour committed the crime with premeditation---Accused with the intention to take revenge of the immoral act of the deceased of outraging the modesty of his daughter having prepared himself to commit the crime, armed with a gun, went to the place of occurrence and fired successive shots at the deceased--Action of accused, therefore, was not covered by the provisions of S.302(c), P.P.C. as the same might be attracted in a case in which the essential ingredients of Qatl-i-Amd punishable under S.302(a) & (b), P.P.C. were missing---Leave to appeal was declined to accused in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 302(c)---Commission of offence due to "Ghairat" or family honour and on grave and sudden provocation---Distinction---Commission of an offence due to "Ghairat" or family honour must be differentiated from grave and sudden provocation in consequence to which crime is committed in the light of facts and circumstances of each case---Plea of grave and sudden provocation may not be available to an accused who…

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