| Citation(s) |
|---|
| 1984 SLG 506 1984 SLD 506 1984 SCMR 420 |
Supreme Court of Pakistan
Criminal Appeal No. 46 of 1979,.decided on 6-03-1983 (On appeal from the judgment and order of Sind High Court dated 30-1-1979 in Criminal Appeal No. 91 of 1978)
SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ
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Criminal Appeal No. 46 of 1979,.decided on 6-03-1983 (On appeal from the judgment and order of Sind High Court dated 30-1-1979 in Criminal Appeal No. 91 of 1978)
SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ
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ALLAHDINO---Appellant
VS
. THE STATE--Respondent
Law:
Section:
Penal Code (XLV of 1860)---------S. 302--Murder--Sentence-Accused till time of occurrence having cordial relations with deceased, his wife, getting annoyed on being complained against for having association with shady characters and on refusal of his wife to accompany him to his house making murderous attack on her-Held, sentence of life imprisonment, fine of Rs. 10,000 and compensation of Rs. 1,000 would meet ends of justice in circumstances of cases-Criminal Procedure Code (V of 1898), S. 544-A.--- [Sentence]. M. Aslam Jan, Advocate Supreme Court of Pakistan for Appellant. Raja M. Bashir, Advocate Supreme Court of Pakistan for Respondent. Date of hearing: 6th March, 1983. JUDGMENT MIAN BURHANUDDIN KHAN, J.---- This is an appeal to consider the sentence of death passed against the accused/appellant who stood trial under section 302 and section 326, P. P. C. for causing the murder of his wife Mst. Khadijan and causing grievous hurt on his mother-in-law Mst. Bachal, vide judgment of the learned Sessions Judge, Tharparkar dated 12-4-1978. The accused/ appellant was also sentenced to 5 years' R. I. for causing injuries to Mst. Bachal. 2. According to the prosecution, the appellant was married to Mst. Khadijan about a year prior to the occurrence and she bad come to the house of her parents where another sister of bets Mst. Ghulam Fatima who was married to the brother of the appellant, was also present in order to deliver her first child, in village Budho Nambrani, and also to attend the Urs ceremonies to be held on 28-3-1976. The appellant went to fetch his wife and on the night of 30-3-1976 Mst. Khadijan deceased complained to her father that the appellant used to associate with undesirable people in his house. On the following day Lokhani, P. W. and father of Mst. Khadijan and Ghulam Qadir, her brother, left the house to attend their work. The appellant asked Mst. Khadijan to accompany him to his house but she insisted that at least 10/12 days be allowed to enable her to look after Mst. Ghulam Fatima who was expecting a child soon. The appellant got infuriated on the refusal of Mst. Khadijan to accompany him and started giving her blows with the hatchet he was…
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