Law:

Section:

Penal Code (XLV of 1860)--S. 302---Sentence---Mitigating circumstances---Accused who had succeeded in casting some doubt on the version of prosecution case was entitled to its benefit in matter of sentence---Events as happened preceding the occurrence might have genuinely created an impression in accused's mind that the deceased was responsible for ruining the matrimonial life of his niece brought up by him as his daughter and constantly inflicted indignation on his family who in this respect had the support of the other deceased---Presence of the first mentioned deceased on the night of occurrence among the guests in the marriage function must have been exceedingly abhorrent to the accused resulting in deprivation of power of self-control---Provocation might not be sudden, but the indignation wrought on the accused be devilled by the events involving the honour of his niece though in a low profile was yet continuous and though he was not entitled to the benefit of first Exception to S. 300, P.P.C., yet on account of these extenuating circumstances he deserved the lesser punishment---Death sentence awarded to accused on both Courts by High Court was consequently converted into imprisonment for life with the direction to run concurrently. Mst. Bevi v. Ghulam Shabbir and another 1980 SCMR 859; Muhammad Tahir Khan v. The State 1983 SCMR 1169 and Shahzada Khan v, The State 1984 SCMR 1161 ref. JUDGMENT MUHAMMAD AFZAL LONE, J.---Ansar Ahmad Khan Barki, the appellant was convicted by the Additional Sessions Judge, Lahore, vide his judgment dated 29-11-1986, under section 302, P.P.C. for committing the double murder of Wajid Ali Khan son of Hamid Ali Khan and Haroon Akhtar, He was sentenced to life imprisonment and a fine of Rs.20,010 on two counts, and in case of default in payment of fine, the convict has to undergo rigorous imprisonment for four years. He challenged his conviction and sentences through an appeal. On the other hand the State as well as Javed Akhtar complainant filed separate revision petitions for alteration of the sentence of life imprisonment to death. The High Court dismissed the appeal of Ansar Ahmad Khan Barki, accepted the complainant's…

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