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Petition for Special Leave to Appeal No. 92 of 1968, decided on 31st May 1 968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 29th February 1962, in Criminal Appeal No. 649 of 1967).
Ss. 302 & 300, first exception Accused killing his ex‑wife‑Plea of grave and sudden provoca tion‑Fact that deceased was shot dead while proceeding in company with another man on public street at day time and after relationship of husband and wife had ceased to exist between accused and deceased‑Possibility of grave and sudden provocation in circumstances excluded‑Special Leave to Appeal against conviction‑Refused by Supreme Court.
Chaudhri Nazir Ahmad Khan, Senior Advocate Supreme Court instructed by Muhammad Nazar Khan, Senior Attorney for Petitioner.
Nemo for the State.
Date of hearing : 31st May 1968.
‑The petitioner was sentenced to death under section 302, P. P. C. for the murder of his ex‑wife Mst. Nusrat, but on appeal the High Court while maintaining the conviction has altered the sentence to the lesser penalty of transportation for life. He now seeks leave to appeal on the ground that the plea of grave and sudden provocation raised by him was not given proper consideration by the Courts below.
There was little merit in the plea of the defence. Admittedly the petitioner had executed a divorce deed though he claimed to have acted under coercion. A suit for restitution of conjugal rights was brought by the petitioner against the deceased which was dismissed by the Family Court on the 28th June 1966. An appeal against the dismissal of the suit was pending when the petitioner on the 14th December 1966, shot dead Mst. Nusrat at about 10 a.m., on the Hospital Road, Rawalpindi Cantt.
It was contended that the deceased was seen in the company of Nur Ellahi which provoked the petitioner, but the fact that the shooting took place in a public street at day time precluded the possibility. of any misdemeanour to provide grave and sudden provocation within the first exception to section 300, P. P. C. Indeed the relationship of husband and wife did not exist between the petitioner and the deceased at the time of occurrence. On the contrary they were in the position of adversaries in civil Litigation, referred to above.
The High Court has thus already dealt with the petitioner leniently and no further interference with his conviction and. sentence is called for. The petition is dismissed.
Leave refused.
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