Case Details

Citation(s)
2010 SLG 963 2010 SLD 963 2010 PLJ 721
Quetta High Court
Crl. Appeal No. (s) 6 and Crl. Revision No. (S) 7 of 2007, decided on 11.11.2009. Hearing Date : 08.10.2009.
MUHAMMAD NOOR MESKANZAI, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Mr. Kamran Murtaza, Advocate for Appellant. Miss Noor Jahan Kahoor, Advocate for State.

HASIL KHAN AND ANOTHER

VS

STATE AND ANOTHER

Law:

Section:

Intentional Murder-- ----According to the Holy Quran--If a man kills a believer intentionally, his recompense is Hell, to abide therein (Forever) and the wrath and the curse of Allah are upon him and a dreadful penalty is prepared". Para No. 5. Sura Nisa IV in verse No. 93, ref. Criminal Justice-- ----Object of--Murder cases--Murder cases must be seen with reference of society and to curb is the need of hour--One of the objects of Criminal justice is to award exemplary punishment to offenders in order to deter them from committing crime and in this way also to serve a stern warning to those members of society, who have behavioural learning towards criminality. Principle-- ----Normal penalty of death should follow when prosecution succeeds in proving case avoiding deterrent punishment is a factor, which indirectly contributes to incident of crimes, normal sentence in murder cases should not be altered on flimsy grounds. 1999 NLR (Crl. cases) SC 540, ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)--Conviction and sentence recorded against appellant by trial Court--Challenge to--Modification and quantum of sentence--Intentional murder--Prosecution established the cases beyond any doubt--Ocular account fully corroborated from medical certificate--Undisputed motive has proved that convict has committed a premediated, intentional and cold blooded murder of an innocent person--Held: Barbaric act and brutal manner--One who, by his evil, ugly, barbaric, unfair, execrable act in commission of murder--Violates the law of land and disobeys the Devine Law, not only renders himself liable for perpetual punishment, looses the mercies, deserves curse and wrath of Almighty Allah The Creater, becomes deprived of sympathies of all The Creatures. On the pretext of alleged unfounded, unproved and baseless allegation i.e. Siakar/Karo-Kari, which is a menace for society, no one can be given a blank cheque and permit/license to commit murder of any one whom he likes to kill or to quench the thirst of enmity on such pretext--Court have no hesitation in holding that there was no mitigating and extenuating circumstance at all, warranting the commutation of sentence. Since…
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