Law:

Section:

Penal Code (XLV of 1860)-------S.302---Constitution of Pakistan (1973), Art.185(3)---Sentence, enhancement of---Leave to appeal was granted to consider whether alteration of sentence of death of accused respondent to imprisonment for life by High Court was justified when at the time of her murder deceased was in advanced stage of pregnancy and according to medical report she was likely to give birth to twin babies within a couple of days who were also found dead. 1974SCMR271and1974SCMR276ref. ORDER S.USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, Lahore dated 4-4-1987, whereby Criminal Appeal No.45 of 1983 filed by Asghar Ali respondent No.l was dismissed but his sentence of death was altered to life imprisonment. Asghar Ali was tried by the learned Additional Sessions Judge Multan, for having murdered his wife Mst. Shahida at the morning prayer time on 12-8-1981 in his house. The learned trial Judge found him guilty of the offence, convicted him under section 302. P.P.C. and sentenced him to death with fine of Rs. 5,000 or in default to suffer further R.I. for six months vide his judgment dated 19-2-1983. Appeal of Asghar Ali respondent No. 1 before the Lahore High Court was dismissed but his death sentence was altered to that of imprisonment for life and his fine was also reduced to Rs. 2,000 or in default to suffer further R.I. for one year, vide judgment dated 4-4-1987. The petitioner filed this petition for the enhancement of…

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