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 in view of the motive set up by the prosecution and the accused's statement, he was entitled to lesser sentence. (b) Penal Code (XLV of 1860)--- ----S. 302---Sentence---Mitigating circumstance ---Vindication of the family honour was the cause of the commission of the murder---Sentence of death awarded to accused was converted into imprisonment of life by Supreme Court in circumstances. JUDGMENT MUHAMMAD AFZAL LONE, J.---Sultan Mahmood appellant, aged 18, alongwith co-accused Mumtaz Hussain, who is the brother of his wife, namely, Mst. Ghulam Begum, was tried under section 302/3()7/34 P.P.C., by the learned Sessions Judge, Attock on the charges of committing murder of Muhammad Noor, his son Muhammad Razzak and launching a murderous assault on Muhammad Nawaz, the complainant, another son of Muhammad Noor deceased, in furtherance of common intention in the area of village Thoha Mahram Khan, within the limits of Police Station Attock, on 18-8-1980 at Rotiwela. The learned Sessions Judge by his judgment dated 5-5-1982. acquitted Mumtaz Hussain on all the counts, but convicted the appellant under section 302 on two counts and sentenced him to death and fine of Rs.2,(XX) on each count or in default to undergo rigorous imprisonment for one year. He was also convicted under section 307, P.P.C., and sentenced to three year, ' R.I., and a fine of Rs.2,000 was also imposed on him. On appeal and reference, so far as murder of Muhammad Noor is concerned, the High Court under its judgment dated 6-2-1985 maintained the appellant's conviction under section 302 and sentence of death, but acquitted him of the charge of murder of Muhammad Razzak and attempting at the life of Muhammad Nawaz by giving him benefit of doubt. 2. The motive alleged by the prosecution, as given in the F.I.R. and quoted in the leave granting order is: "Three years before the occurrence, Muhammad 'Nawaz complainant was suspected of having illicit relations with Mst. Ghulam Begum daughter of Fateh Khan. Due to the illicit relations complainant was also sufficiently defamed.…

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