| Citation(s) |
|---|
| 2025 SLG 4413 2025 SLD 4413 = 2025 SCP 377 = 2026 SCMR 1426 |
Jail Petition No.644 of 2017 (On appeal against the judgment dated 09.05.2017 passed by the Lahore High Court, Lahore in Criminal Appeal No.178-J of 2014 & Murder Reference No.118 of 2014)
MR. JUSTICE ATHAR MINALLAH MR. JUSTICE IRFAN SAADAT KHAN MR. JUSTICE MALIK SHAHZAD AHMAD KHAN
Asif Hussain �Petitioner(s)
VERSUS
The State
Law: Pakistan Penal Code (PPC),1860
Section: 302(b),302(c),300,304
Law: Criminal Procedure Code (V of 1898)
Section: 382-B
Summary
Asif Hussain was initially convicted and sentenced to death under Section 302(b) PPC for fatally stabbing his brother Atif Maqsood. The conviction was upheld on appeal, but the death sentence was commuted to life imprisonment. Upon further review, the court found the case better fits Section 302(c) PPC, applying where there is no premeditation and the killing occurred in the heat of passion during a sudden quarrel between brothers. The sentence was accordingly reduced to 12 years rigorous imprisonment with compensation upheld, along with the benefit of Section 382-B Cr.P.C.
Core Points
- The murder occurred during a sudden quarrel between brothers with no prior enmity.
- Delay of about 2 days in lodging FIR was plausibly explained by victim's medical treatment and family relations.
- Ocular testimonies of two eyewitnesses were credible and consistent.
- Medical evidence confirmed a single stab wound matching the weapon recovered (Churri) from accused.
- The killing lacked premeditation and took place in the heat of passion, attracting Section 302(c) PPC rather than 302(b).
- Established legal precedents (Ali Muhammad v. Ali Muhammad, Azmat Ullah v. The State, Muhammad Abbas v. The State) confirm applying 302(c) in such cases.
- Conviction modified from 302(b) to 302(c) with sentence reduced to 12 years rigorous imprisonment.
- Compensation of Rs. 200,000 and default imprisonment upheld.
- Benefit of Section 382-B Cr.P.C extended to the accused.
Law and Section Table
| Law Name | Section Number | Notes |
|---|---|---|
| Pakistan Penal Code (PPC) | 302(b) | Initially applied for murder with premeditation and severity |
| Pakistan Penal Code (PPC) | 302(c) | Applied for murder without premeditation; heat of passion cases |
| Criminal Procedure Code (Cr.P.C.) | 382-B | Benefit of benefit of doubt or remission extended to accused |
| Qisas and Diyat Ordinance, 1990 | N/A | Introduced clause (c) in Section 302 PPC |
| Previous Penal Code Exception 4 | Section 300 (old) | Covers culpable homicide not amounting to murder by sudden fight |
| Previous Penal Code Punishment Clause | Section 304 (old) | Defines punishment for culpable homicide not amounting to murder |
JUDGMENT