P L D 2018 Supreme Court 840
Penal Code (XLV of 1860)---
---S. 300 [since amended], Exception 1 & 302(c), first proviso---Murder "in the name or on the pretext of honour"---Murder due to "grave and sudden provocation"---Distinction---Words "in the name or on the pretext of honour" used in the first proviso to S. 302(c), P.P.C. indicated that a murder committed "in the name or on the pretext of honour" had to be a calculated murder committed with premeditation in the background of honour whereas the words used in the context of grave and sudden provocation in Exception 1 to the erstwhile S. 300, P.P.C. were "deprived of the power of self-control"---Such words used in Exception 1 to the erstwhile S.300, P.P.C. catered for a situation which was not premeditated and had developed suddenly leading to grave provocation depriving a person of the power of self-control---Such different phraseology used by the legislature in these two distinct provisions clearly indicated catering for different situations and, therefore, the words "in the name or on the pretext of honour" ought not to be mixed or confused with grave and sudden provocation leading to depriving of the power of self-control.
0 Comments