Case Details

Citation(s)
2000 SLG 1048 2000 SLD 1048 2000 SCMR 1666 2000 SLD 1461 2000 SCMR 1666
Supreme Court of Pakistan
Criminal Appeal No.320 of 1996 out of J.P. 101 of 1995, decision dated: 3rd May, 2000.
MIAN MUHAMMAD AJMAL, JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ

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BASHIR AHMAD

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Crave and sudden provocation---Plea of---Sentence---Validity---Leave to appeal was granted by Supreme Court to re-examine the whole case to determine as to whether the accused was correctly awarded the death sentence in view of version which he told during the trial that he committed the offence under grave and sudden provocation. (b) Penal Code (XLV of 1860)--- ----5.302/34---Constitution of Pakistan (1973), Art. 185---Re-appraisal of evidence---Grave and sudden provocation, plea of---Sentence---Prosecution case and the defence version examined in juxtaposition would suggest that the plea of defence might be true and such a possibility could not be ruled out altogether---Prosecution witnesses who were attracted to the spot after the attack by accused had already been launched, did not say anything as to what happened prior to the attack---Number of injuries on both the deceased, however, suggested that there was some serious provocation which caused the accused to attack her wife and the alleged paramour ---Supreme Court, by way of abundant caution while maintaining the conviction of accused, altered the sentence of death to that of life imprisonment in circumstances. Ch. Muhammad Akram, Advocate Supreme Court for Appellant. Arshad Ali, Advocate Supreme Court for the State. Date of hearing: 3rd May, 2000. JUDGMENT MIAN MUHAMMAD AJMAL, J.---This appeal by leave of this Court is directed against the judgment of the Lahore High Court, Lahore dated 25-1-1995 whereby the appeal of the appellant was dismissed and his sentence of death was confirmed and the fine was also maintained. 2. According to the F.I.R. Exh.P.F., Mst. Sughran Bibi and Mst. Azizan Bibi were sisters. Mst Sughran Bibi was married to Muhammad Ashraf deceased while Mst. Azizan Bibi was married to the appellant. Due to the flood devastation, the appellant had shifted to the house of Muhammad Ashraf deceased, where they were living for the last 3/4 months. In the meantime, the appellant developed illicit relations with Mst. Sughran Bibi. The rumour about the illicit relations spread in the locality whereupon the…
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