Law: Penal Code (XLV of 1860)

Section: 302(c)

Penal Code (XLV of 1860)--- ---S. 302(c)---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Accused in his statement under S.342, Cr.P.C. had confessed to have committed the murders of his wife and her paramour on account of "Ghairat" due to sudden provocation---Impugned judgment was solely based on the statement of accused, according to which the occurrence had taken place in his house, when he had seen his wife and her paramour in a naked and compromising condition and he killed them on sudden provocation---In the name of "Ghariat" and sudden provocation, licence could not be given to anyone including near relatives for committing murder---Mitigating circumstances for reduction of sentence of accused, however, were available---Conviction of accused was maintained, but his sentence was reduced to the imprisonment already undergone by him, which was over five years and sufficient to meet the ends of justice---Compensation awarded under S.544-A, Cr.P.C. to the legal heirs of the deceased was set aside in circumstances. Muhammad Saeed v. The State 2008 PCr.LJ 330 and Mairaj Bibi v. Ijaz Anwar and others PLD 1982 SC 294 ref. Sardar Muhammad v. The State 1997 MLD 3045 distinguished. JUDGMENT PERVAIZ INAYAT MALIK, J.---The appellant/convict Qaiser Ayub faced trial in case F.I.R. No.288 of 2003 dated 16-10-2003 for offence under section 302, P.P.C. Police Station Makhdoom Rasheed, Multan in the Court of learned Additional Sessions Judge, Multan for allegedly committing murder of Ataullah and Jannat Bibi his wife deceased. Formal charge against him was framed on 21-6-2004, to which he pleaded not guilty and claimed to be tried, according to law, whereafter, the learned trial Court directed the prosecution to prove its case. 2. The prosecution examined as many as 12 witnesses. P.W. Dr. Shagufta Khatoon Naqvi, Demonstrator, Forensic Science Laboratory Department, Nishtar College, Multan conducted the post-mortem examination of Mst. Jannat Bibi deceased. She opined that death was caused by injury No.1, leading to haemorrhage and shock. All the injuries were ante-mortem in nature and caused by sharp-edged weapon; injury No.1 was sufficient to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492