Law: Penal Code (XLV of 1860)

Section: 302(c)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)   S. 302(c) Constitution of Pakistan (1973), Art. 185(3) Accused passed filthy remarks against the daughter of the deceased, which no mother could tolarate Accused had invited the deceased lady to retaliate= Accused who could have easily avoided the situation by keeping quiet, rebuking the deceased, or could leave the house, had no justification for picking up knife and causing six injuries one after the other, on her person ¬Accused had provoked the deceased to abuse him and he could not claim concession sought for provocation Courts below had already taken a lenient view by awarding lesser sentence to accused and no further reduction in sentence was called for Leave to appeal was refused accordingly.  ORDER MIR HAZAR KHAN KHOSO, J.The petitioner seeks leave for appeal against the judgment dated 27 2 1995 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi. 2. On 26 4 1994 for murder of Mst. Fatima Noor, second wife of his father Ghulam Yasin, the petitioner was convicted for offence under section 302(c), P.P.C. by Sessions Judge, Attock and sentenced to suffer R.I. for 20 years, further to pay Diyat of Rs.85,305 to her son Azam and Rs.42,653 to her daughter Mst. Ghulam Fatima, withbenefit of section 382 B, Cr.P.C. . 3. The background of this petition is that on 10 9 1993 at 6 10 p.m. complainant Muhammad Islam appeared before Muhammad Zaman, Police Inspector/SHO, Police Station, Pindigheb at Ikhlas Chowk and complained that on that day at about 2 00 p.m. he went to see his paternal aunt Mst. Fatima Noor where he saw that her step son Shaukat Ali was quarrelling and inflicting Chhuri blows on her. On their commotion Mushtaq Ahmad and Noor Ahmad were attracted at the spot. The petitioner then, ran away. Mst. Fatima Noor succumbed to injuries. 4. The motive for commission of the murder is that children (including the petitioner) of Ghulam Yasin from first wife did not like marriage of their father with the deceased as they apprehended that their father would transfer his property in her name. Formal F.I.R. was registered at Police Station Pindigheb. Muhammad Zaman, Inspector Police (P.W. 11) went to the site,…

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