Law:

Section:

(a) Penal Code (XLV of 1860)---S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether it was not more appropriately a case where for conviction under S.302, P.P.C. sentence of death should have not been imposed. (b) Penal Code (XLV of 1860)--S. 302---Sentence---Extenuating circumstances warranting lesser sentence--­Accused and his wife were living happily and a few days before the occurrence accused turned her out of the house---Accused, later, Went to the house of deceased (his father-in-law) and asked him to send his wife alongwith him, but the deceased refused and demanded that he should bring his father for negotiation---Accused, at the time of occurrence, being a young lad of less than 22 years, on denial of the company of his wife had been provoked ---F.I.R. showed that accused flared up and stabbed the deceased and such attack was preceded by a verbal altercation between the latter and the accused---Accused gave a single blow to the deceased and did not repeat same in a heat of moment in sudden quarrel and situation could have been averted, had not the deceased betrayed an attitude of marked refusal to send the wife of accused with him---Held, case was not of the type in which extreme sentence of death was called for---Supreme Court, while maintaining accused's conviction under S.302, P.P.C. converted the sentence of death into life imprisonment with increase in fine. JUDGMENT MUHAMMAD AFZAL LONE, J: --This criminal appeal, by leave to appeal, filed by a convict in a murder case, is directed against the judgment dated 22-1-1989 rendered by a D.B. of the Rawalpindi Bench of the Lahore High Court, confirming the death sentence awarded to him by the learned Additional Sessions Judge, Rawalpindi. 2. The facts concerning the occurrence as noted in the impugned judgment, are:-- "The occurrence took place at the house of Muhammad Shabbir deceased on 3-9-1985 at 8 p.m. in village Daultala, within the jurisdiction of Police Station Jatli, District Rawalpindi. Muhammad Ramzan (P.W.6), the brother of the deceased, Mst. Sahua (P.W.7), daughter of the deceased and the wife of the appellant and her sister Mst. Haseena and…

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