Law:

Section:

Penal code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Defence plea taken by accused in his. examination under S.342, Cr.P.C. was that he had acted under sudden and grave provocation' on having seen his wife in compromising position with the deceased---Sentence of death awarded to accused by Trial Court had been confirmed by High Court---Leave to appeal was granted to accused only to the extent of quantum of sentence which required thorough consideration and examination in the light of the overall facts and circumstances of the case. ORDER RAJA FAYYAZ AHMAD, J. ---Inter alia, it has been contended by the learned counsel for the -Petitioner that both the learned Courts i.e. the learned trial Court and the learned High Court, while sentencing the -Petitioner to death under section 302(b), P.P.C. have taken into consideration and placed some reliance on the defence plea taken by the -Petitioner in his examination under section 342, Cr. P. C. in answer to Question No. 17 relating to the sudden .and grave provocation for having allegedly seen his…

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