TANDIMAND vs QASIM JAN S — 2021 PCrLJ 469 PESHAWAR-HIGH-COURT

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TANDIMAND VS QASIM JAN S. 302(b)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S. 345(7)---Qatl-i-amd, possession of unlicensed arms---Appreciation of evidence---Grave and sudden provocation---Waiver or compounding of offence---Scope---Accused was charged for committing murder of the daughter of complainant through axe blows---Motive of the occurrence was stated to be illicit relation of deceased lady with someone and accused committed her murder under the pretext of honour---Scope---No ocular evidence being available on file and the accused had confessed his guilt then the contents of the confession were to be accepted as a whole---Motive narrated in the confessional statement of the accused, therefore, could not be disbelieved---Question arose that when a person killed his wife after having found her in compromising/unacceptable position with a person stranger to her his case would fall within the mischief of murder on the pretext of honour and same would not be compoundable due to restrictions as provided under S. 345(7), Cr.P.C.---If said murder fell under the category of grave and sudden provocation, then the case would be out of the purview of honour killing---In the present case, the accused had killed his wife when he had seen her in a compromising position with a stranger---Mode and manner as mentioned by accused in his confessional statement did not suggest any pre-planning or premeditation on his part before killing his wife, therefore, his case squarely would fall within the definition of S. 302(c), P.P.C.---In such state of affairs, the murder of deceased by the accused was not an honour killing (pretext of honour)---Incident was result of grave and sudden provocation, which had erupted at the spur of the moment, therefore, the prohibition contained in S. 311, P.P.C. read with S. 345(7), Cr.P.C. was not attracted to the case---Appeal against conviction was accepted on the basis of compromise, in circumstances.

TANDIMAND vs QASIM JAN S — 2021 PCrLJ 469 PESHAWAR-HIGH-COURT

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