Law:

Section:

Constitution of Pakistan (1973)--Art.185--Penal Code (XLV of 1860), S.302--Compromise--Death sentence imposed on accused who killed his wife having minor children-­Parties having resolved their differences entering into compromise and heirs of deceased, of their own free will and without any pressure, coercion, deception or anything of the kind, stating before Supreme Court that they had pardoned accused and that accused family had paid Rs.10,000 as compensation and both parties praying to Court to pardon accused in view of compromise--Supreme Court finding compromise as a fair settlement, maintained conviction of accused under S.302, P.P.C. set aside death sentence passed against him and reduced sentence to life imprisonment with benefit of S.382-B. Cr.P.C. in circum­stances. Muhammad Bashir v. The State P L D 1982 S C 139 ref. JUDGMENT NASIM HASAN SHAH, J.-- The appellant, Jahanzeb, aged 30 years, was convicted under section 302, P.P.C. for murdering his wife, Mst. Nasim Akhtar aged 22 years and sentenced to death. The sentence having been confirmed on reference; by the High Court and his appeal against his conviction having been dismissed hence this appeal before us. The appellant and his wife Mst. Nasim Akhtar are first cousins but their-marriage was disaster. The appellant was a habitual gambler and suffered from other vices and good for nothing. However, two children were born out of this unhappy wedlock. Since the appellant could not maintain his wife who was living in misery the elders of both the families, namely, the father of the girl, Mannah Khan as also the father of the appellant, Faqir Muhammad, had decided that the union should be ended and the appellant should divorce his wife. This decision appears to have infuriated the appellant, who fell upon his wife with a knife and murdered her inflicting 12 knife injuries on her person. This was on 31-10-1974. In the meanwhile, during these ten years, the bitterness caused by this terrible act of the appellant and the reality that…

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