| Citation(s) |
|---|
| 1982 SLG 1128 1982 SLD 1128 = 1982 PLD 208 |
Criminal Appeal No. 264 of 1977, decided on 14th March, 1982.
Present: Muhammad Afzal Zullah, Nasim Hasan Shah and Shah Nawaz Khan, JJ
Ch. Sadiq Muhammad Warraich, Advocate Supreme Court and Hafiz S. A. Rahman, Advocate for Appellant. Advocate-General (Punjab) for the State.
ALLAH WASAYA-Appellant
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 302 , 300
JUDGMENT
MUHAMMAD AFZAL ZULLAH, J.-This appeal, through special leave, calls in question the sentence of death awarded to the appellant for the double murder-one of the deceased, Mst. Aisha Mai was his wife, while the other Mst. Jindan Mai was the latter's younger sister. The sentence of death having been confirmed by the High Court on two counts, leave to appeal was granted to the petitioner to examine the question of sentence only, as to whether or not "the lesser sentence could be awarded to him for the reason that he inflicted only one stab wound on Mst. Jindan Mai after he had already lost self-control over his unfaithful wife and after she (Mst. Jindan Mai) came forward to intervene for her sister". It was assumed that, as observed by the High Court, although the petitioner could be awarded lesser sentence for the murder of his wife, the question whether the sentence of death could be reduced with regard to Mst. Jindan Mai's murder needed consideration.