Qatle-Amd: Sec. 300 PPC (as amended) does not provide any exception in respect of the offence of Qatle Amd if committed due to grave and sudden provocation. Qatli Amd liable to Qisas cannot be imposed on accused killing a person who is not masoom-ud-dam. (F.B) PLD 1995 Q 83, Abdul Haq etc.
Grave and sudden provocation what amounts to for an accused person, his class and possible reaction to that fact is to be considered. (DB) PLJ 1978 Cr.C. (Kar.) 227. Imdad Hussain PLD 1978 Kar. 521.
Whether concession for grave and sudden provocation available to an accused under the Criminal Law Amendment Act (Second Amendment) Ordinance, 1990. Matter referred to a larger bench, by the Supreme Court. 1996 SCMR 1566 Abdul Haque.
Plea of grave and sudden provocation and plea of self-defence based on verse 34 of Surah Al-Nisa can be invoked. Held, that the appellant exceeded his right of self-defence by strangulating the deceased. The Supreme Court convicted the accused u/S.302(c) PPC and sentenced him to imprisonment already undergone (2 years one month and 10 days). The accused had strangulated the deceased on seeing him sleeping with his wife, at midnight. PLJ 1996 S.C. 831, Ali Muhammad Vs. Ali Muhammad etc.
Plea of grave and sudden provocation, the burden is on the accused to prove the plea. To discharge this burden the accused need not lead any evidence, the accused has only to show that there is a reasonable possibility of his version being true. He can rely entirely upon circumstances appearing from the evidence of the prosecution itself. 1995 SCMR 1846, Khalid Javed v. Ansar Khan etc. PLJ 1995 S.C. 624.
Deceased felled father of the petitioner on ground put his foot on his head and started beating him with a sota. Held, a case of grave and sudden provocation and offence fell under section 304(1), PPC. 1987 SCMR 2017. Zafar Iqbal.
Sister taken away by deceased, the accused went to the house of the deceased, injured the deceased and his own sister as well and brought back the sister. Held, a case of grave and sudden provocation. Conviction altered from 302, PPC to 304(1), PPC and sentence reduced to already undergone. PLJ 1991 SC 309 Zahid Pervaiz etc.
Death caused under grave and sudden provocation with intention to kill. The offence committed is under section 304(1), PPC. PLD 1962 Kar. 620. Noor Din. (FB of 5 Judges). Overruled PLD 1955 Lah. 588 (FB). contra 1973 P.Cr.LJ 798 Boota. In this case the Karachi Full Bench authority was not brought to notice of the learned judge.
Double murder under grave and sudden provocation when father killed his daughter and paramour seeing them committing Zina. Conviction altered from u/S. 302 (b) PPC to u/S. 302 (c) PPC and sentence of life imprisonment reduced to 5 years R.I. PLJ 1997 Cr.C. (Lah.) 899, Akbar.
Where grave and sudden provocation was proved conviction u/S.302 PPC was altered to one u/S.304(1) PPC and sentence reduced to already undergone (6 years & 3 months) 1994 SCMR 80, Munir Ahmed.
Quarrel 8 hours before commission of murder. Held, it could not amount to grave and sudden provocation. (SC) 1978 SCMR 136 Zar Bahadar; PLJ 1978 SC 386.
Offence for homicide under grave and sudden provocation was held to be under section 304 (1), PPC when the accused killed his wife and paramour seeing them in compromising position. PLD 1977 SC 153. Kamal. PLJ 1977 SC 132.
Grave and sudden provocation. Deceased firing and killing father of appellant in his presence. Appellant disarming deceased and hitting him with the butt of the gun on his head, while another relative pulling out a pistol and shooting deceased. Held, a case of grave and sudden provocation, conviction altered from 302 to 304(1), PPC. PLJ 1983 Cr.C. (Pesh.) 149. Iftikhar Hussain etc.
Deceased abusing accused's brotherhood; background and express words when considered may however had caused the accused to lose self-control. Held, offence under section 304(1). AIR 1935 Pesh. 78 Bahadur v. Emperor rel. Sentence 5 years' R.I. (DB) 1975 P.Cr.LJ 422. Muhammad Hussain.
Assassin of five murders seen unexpectedly and killed by firearm being carried for self-protection. Plea of grave and sudden provocation on mere sight of the assassin of near relatives accepted. Conviction altered from 302 to 304 (1), PPC and sentence reduced to 7 years' R.I.PLJ 1982 Cr.C. (Lah.) 375 Aftab.
No other evidence except the statement of the accused pleading grave and sudden provocation. Held, the statement of the accused to be read as a whole. Conviction altered from 302 to 304(1), PPC. (DB) 1976 P.Cr.LJ 167 Ghulam Hussain.
Grave and sudden provocation not established by husband. No witness present when attack started. Clear indication present that the accused had been given serious provocation. Death sentence reduced to life imprisonment. (SC) NLR 1982 Cr. 6 Muhammad Asharf.
Constant nagging and ill behaviour of wife and final insult.The state of mind of a person has to be gathered from proved facts. The appellant for years devoted himself to the deceased and her general welfare. In return the deceased wife suspected him of infidelity and told him to get out of the house because her children had grown up. She constantly abused him and did not serve him food for four days. When he attempted to cook food for himself she hurled one of the most intolerable invectives on him. He picked-up a mathai (pestle) which was lying close to him and struck her on the head. Held, the circumstances were enough to deprive him of self-control and the appellant without any malice and premeditation struck the deceased a blow causing her death. Case fell under section 304. P.P.C. Sentenced to 5 years' R.I. (DB) 48 Cr.LJ 229 Pancham v. King-Emperor (Oudh.).
Provocative reply by deceased wife. Accused asked deceased wife not to work at M as that would bring disgrace to him and his family. Accused also suspecting illicit relations of his wife. Wife replying in the negative and saying that she was not his wife. Accused losing temper and giving churri blows. Held, a case of grave and sudden provocation. Sentence reduced to already undergone. 1975 P.Cr.LJ 448 Safdar Ali.
Deceased publicly abused appellant in kabaddi match, feeling insulted in public 1« hours after, the appellant fired at the deceased and killed him. Held, offence committed under grave and sudden provocation, offence fell under section 304(1), PPC, sentence of life imprisonment reduced to 10 years' R.I. NLR 1985 Cr. 547 Akbar.
Murder on account of "GHARIAT" held is not an offence, when the appellant saw his daughter and one Muhammad Suleman Khan committing zina he lost his self-control and killed both with the hatchet he was carrying. Trial Court sentenced the appellant u/S. 302-C PPC to 5 years R.I. High Court held that no offence had been committed by the appellant and acquitted him. PLJ 1997 Cr.C. (Lah.) 1193, Sardar Muhammad.
Brother's wife admitting sexual relations with a stranger and telling that she would continue to do so. Appellant killed her. Held case u/S. 304(1), PPC and sentence reduced to 7 years' R.I. NLR 1988 Cr. 1 Sammar Iqbal.
Brother's wife seen with deceased in bushes sitting together and killed. Held, case fell under section 304(1), 3 years' R.I. awarded. (DB) 1975 P. Cr.LJ 548 Amir Bakhsh.
Finding of love letters of daughter believing same to be written in collusion with his wife, losing self-control and killing wife. Held, offence under section 304(1). 1« years' R.I. awarded. 1975 P.Cr.LJ 652 Riaz Ahmed.
Wife eloping and returning, again disappearing and returning. Accused's wife having eloped before again suddenly disappearing. Accused going in search, spending lot of time in vain, on return finding wife at home. Losing self-control on her sight and killing her. Held, offence under section 304(1) PPC. Sentence 5 years' R.I. (DB) PLD 1975 Kar. 120 Nindo Machi.
Hearing of rape. Grave and sudden provocation need not come from victim within hearing or sight of offender. Deceased raping sister-in-law of accused on hearing of it losing self-control and attacking deceased falls under Exception 1 to section 300, PPC. (DB) AIR 1932 Sindh 168 Khamiso v. Emperor.
Wife's admission of illicit affair. Wife eloping with Z for immoral purpose and on being restored to husband some days later instead of feeling repentant affirming truth and further asserting to do so again. Altercation resulting in abusing each other. Appellant losing self-control and giving stick blows proving fatal. Held, grave and sudden provocation. Convicted under section 304(1) PPC and sentenced to R.I. already undergone. 1973 P.Cr.LJ 1010 Allah Ditta.
Admission by wife of illicit relationship. There is no difference between provocation caused by admission of the woman about illicit intimacy and her being seen in compromising position. Accused held guilty under section 304, PPC and sentenced to 7 years' R.I. (DB) PLD 1960 Kar. 966 Muso (DB) PLD 1972 Lah. 153 Ghulam Hussain.
Admission of deceased woman to her cousin that she was pregnant for 5 months out of her paramour. Held, a case of grave and sudden provocation. Conviction altered from 302, PPC to 304(1), PPC and death sentence reduced to 7 years' R.I. (DB) PLJ 1988 Cr. C. (Lah.) 254 Muhammad Ashraf.
Wife refused to take oath on Holy Quran about her illicit relations with another man. Held, grave and sudden provocation. Life imprisonment reduced to 7 years' R.I. (DB) PLD 1978 Kar. 521 Imdad Hussain PLJ 1978 Cr.C. (Kr.) 227.
Old knowledge of illicit intimacy and grave and sudden provocation. Sec. 304 (1), PPC. Deceased carried on with the wife of the accused when he was in jail and illegitimate child born. Intrigue continued for 2 years even after he came out of jail. One night deceased seen by the accused on the bed of his wife. Accused killed him at once with numerous blows. Held, sentence of 3 years too great and reduced to 3 months. ILR 20 (1939) Lah. 278 Hussain v. Crown.
Husband killing wife under grave & sudden provocation, statement of accused accepted and sentence reduced from life imprisonment to 7 years' R.I. u/S. 304(1), PPC. NLR 1987 Cr. 527 Liaqat Ali.
Wife leaving husband, living with paramour, refusing to go with husband, and leaning on paramour who came on the spot. Accused killed her with multiple knife blows. Held, offence under section 304 (1) under grave and sudden provocation. Sentenced 2 years' 1977 P.Cr.LJ 172 Faqir Shah.
Wife killed when found embracing her paramour. On being admonished by husband she shamelessly threatened to carry on with the paramour and abused him. Accused under grave and sudden provocation killed her. Offence u/S. 304(1), PPC. Sentence reduced to already undergone. (About 1 year & 9 months). Fine also remitted. PLD 1987 Lah. 327. Jahangir.
Provocative reply. Accused asked deceased for restoration of his abducted sister. Deceased replied he had abducted his sister for adultery and not for restoration. Accused killed deceased. Held, case of grave and sudden provocation 1972 P. Cr. LJ 243 Khuda Bakhsh v. Muhammad Ramzan etc. PLJ 1978 Cr. C. (Lah.) 16 Muhammad Hanif.
The younger sister of the accused was suspected of immoral character. One night at 3 a.m., she went out to meet a stranger for immoral purpose. The accused asked her, why she did not give up evil ways. She refused to listen to him and gave an insolent reply. Held, in the circumstances the provocation as "grave and sudden" as would have been had the accused seen the deceased in the act of sexual intercourse with a stranger and the insolent reply further aggravated the matter. Offence under section 304(1), PPC. (DB) 35 Cr. LJ 74 = AIR 1933 Lah. 869 Inayat.
Elopement of deceased. A girl eloped and recovered again running away chased and killed by accused under grave and sudden provocation. Sentence reduced to already undergone (about 3 years) under section 304(1), PPC. 1973 P.Cr.LJ 919 Mukhtar.
Sudden provocation. Sodomy committed in mosque. Accused saw deceased committing sodomy on a fellow student in a mosque hujra. He picked up a water pump handle and hit the deceased on head. Offence under section 304(1), PPC Sentence reduced to already undergone about 2 years. 1978 P.Cr.LJ 635 Muhammad Shafi.
Holy Quran defiled by the deceased done to death by the accused under grave and sudden provocation. Statement of accused relied upon, although no direct evidence on the record to support the plea. Sentence reduced from transportation for life to already undergone 3 years under section 304 (1), 1968 P.Cr.LJ 119 Abdul Ghafoor.
Holy Prophet of Islam. Deceased uttering highly provocative remarks about Holy Prophet of Islam. On grave and sudden provocation accused picked up a pipe weighing 6« Ibs. and striking on the head of the deceased causing extensive skull fractures. Offence fell under section 304(1), PPC and not under section 304(II), PPC. Sentence of fine of Rs. 1,000 alone held not legal. Case remanded for retrial. (SC) 1969 SCMR 735 Sheilla v. Zahid Hussain.
Accused seeing wife of brother in compromising position with deceased and killing him. Sentence, 3 years' R.I. under section 304(1), PPC 1975 P.Cr.LJ 127 Ali Nawaz.
Sister and paramour killed seeing them engaged in sexual act. Although the accused had denied the killing, his conviction was altered from u/S.302 to 304(1) PPC. Sentence reduced to already undergone. PLD 1997 Lah 213, Zulfiqar.
Sister and paramour killed under grave and sudden provocation. Sentence till the rising of the Court not interfered with by the High Court though not approved. PLD 1961 Lah. 24 State v. Akbar.
Paramour seen in house at night chased and killed by the husband. Offence held, u/S. 304(1), PPC. Sentence reduced to already undergone is about 2« years' R.I. Plus 2 years' pre-trial detention. (DB) 1979 P.Cr.LJ 10 Taj Muhammad.
Brother's wife seen flagrant de licto with a stranger. Accused killing her. Sentence 3 years' R.I. (DB) PLD 1963 Lah. 585 Kamir.
Maternal uncle's wife seen by the accused making love to deceased lying on the same cot. Sentence under section 304(1) to 2 years' R.I. (DB) PLD 1966 Lah. 104 Muhammad Sadiq.
Lover seeing deceased woman in compromising position with another man. Provocation enough to reduce sentence to transportation for life. (DB) 1971 P.Cr. LJ 659 Sardar Muhammad.
Daughter-in-law (son's wife) and a village barber seen in compromising position by Ahmed Khan father, he chained the door from outside called his son Chanan and they killed the woman and her lover. Chanan given 2 years' R.I. and Ahmed Khan 1 year's R.I. under section 304(1) (DB) ILR (1944) 25 Lah. 72 Chanan v. Crown.
Wife and paramour both killed. When found in compromising position.
Sentences. (DB) PLD 1953 Lah. 456-5 years' R.I. (DB) 1971 P. Cr.LJ 15 Ali-11 months' R.I. (DB) ILR 1933 Lah. 165 Muhammad Zaman v. Emperor-9 months' R.I. ILR 20 (1939) Lah. 278 Hussain v. Crown less than 3 months' R.I. (DB) PLD 1950 BJ 86 Muhammad Shafi v. Crown less than 1 month's R.I. (DB) ILR (1944) 25 Lah. 73 Chanan Khan v. Crown 2 years and 1 year's R.I. (DB) PLJ 1974 Cr.C. (Lah.) 551 Ahmad Din 3 years PLJ 1974 Cr.C. (Lah.) 551 (2) Ghulam Rasul 2 years already undergone.
Seeking Provocation. Sister and paramour killed. Looking for the sister at night with a hatchet in hand is not seeking provocation seeing sister and paramour in compromising position, sister and paramour killed. Offence under section 304(1), PPC. Sentence 10 years' R.I. (SC) PLD 1965 SC 366 Muhammad Saleh.
Considerations, whether a "reasonable man" and not a hypersensitive person would get provoked and lose his balance of mind and get enflamed under the circumstances and act under the sudden fit to commit homicide as opposed to a cool calm and calculated action. (SC) PLD 1976 SC 241. Ghulam Muhammad v. Allah Yar PLJ 1976 SC 205.
Abusive language does not amount to grave and sudden provocation but is a provocation of a sort. Death sentence reduced to transportation for life. (DB) 1968 P.Cr.LJ 1567 Muhammad Azam. (DB) PLJ 1969 P.Cr.LJ 1241 Meenhal. (DB) PLJ 1974 Cr.C. (Lah.) 283 Muhammad Amin. (DB) 1968 P.Cr.LJ 1836 Said. (SC) 1972 SCMR 249 Muhammad Saleem. (DB) 1973 P. Cr.LJ 1052 Nabi Bux. See also sentence.
Abuse and assault, held to be grave and sudden provocation. Offence under section 304(1), PPC (DB) 1973 P.Cr.LJ 601 Ahmad Khan.
Mere use of insulting words would not normally bring the case within Exception 1 to section 300, PPC. (DB) 1973 P.Cr.LJ 601 Ahmad Khan.
Cutting jokes. Mere fact of accused having seen a stranger cutting jokes with his nieces in his sister-in-law's house, does not provide the accused grave and sudden provocation so as to lessen the offence of murder to culpable homicide. (SC) 1973 SCMR 300. Muhammad Nawab v. Muhammad Siddiq.
Deceased cutting dirty jokes. Accused inflicting one knife blow on chest in heat of moment. Held, offence fell under section 304(1), PPC, Sentence of 10 years' R.I. reduced to 7 years' R.I. PLD 1977 Lah. 222 Muhammad Hayat.
Mere sight of enemy is not a grave and sudden provocation. 44 Cr.LJ 117 Emperor v. Prem Singh.
Mere use of knife would not make exception IV to section 300,PPC inapplicable. The deceased a hefty Pathan giving fist blows to accused in sudden fight. Conviction under section 304(1), PPC held, proper. 1977 P.Cr.LJ 104 Saleem Akhtar.
Provocation grave but not sudden, conviction under section 302, PPC but lesser penalty awarded. (SC) 1975 SCMR 51 Mukhtar Ahmad.
Murder on provocation but not grave and sudden held death sentence may be commuted to transportation for life. (DB) PLD 1957 Lah. 31 Iqbal.
Lurking suspicion in the mind of the accused about deceased having illicit intimacy with his sister-in-law. Accused killing deceased seeing his sister-in-law coming out of the house in company of the deceased. Held, no case of grave and sudden provocation. Sentence of transportation for life upheld. (DB) 1971 P.Cr.LJ 688 Muhammad Shah.
Refusal of daughter's marriage to the accused by father, held, is not a case of grave and sudden provocation. (SC) 1976 SCMR 199 Aurangzeb.
Possibility of existence of grave and sudden provocation. Conviction altered from section 302 to 304; PPC (SC) 1969 P.Cr. LJ 908 Fazal Malik.
Admission of accused of having killed deceased on grave and sudden provocation of finding him molesting his sister. Such provocation mitigating factor. Sentence of 10 years reduced to already undergone (more than 2 years) 1974 P.Cr.LJ 405 Ghulam Sabir.
Sentence reduced in case of grave and sudden provocation. The appellant was sentenced to life imprisonment in case u/S. 304(1) PPC. When High Court rejected the prosecution version in toto and accepted the version of the accused, that he had acted on grave and sudden provocation. Life sentence reduced to 7 years imprisonment by Supreme Court. 1995 SCMR 359, Maqsood Ahmed.