Law:

Section:

Penal Code (XLV of 1860), S. 302-Murder-Sentence -Mitigation - Deceased (wife of accused) not of a docile character and not adjusting herself to vagaries of her husband ; injuries caused to deceased although numerous yet none individually grievous ; accused father of number of small children ; entire tragedy enacted on spur of moment and without premeditation-Death sentence commuted to transportation for life in circumstances. M. S. Baqir, Advocate Supreme Court instructed by Raja Abdul Razzaq, Advocate- on-Record for Appellant. Sardar Fakhre Alam, Advocate-General N. W.-F. P., instructed by Abdul Samad Khan, Advocate-on-Record for the State. Date of hearing : 9th April 1971. JUDGMENT SAJJAD AHMAD, J.-The appellant, Ali Asghar, was sentenced to death by the Sessions Judge, Hazara, for causing the murder of his wife, Mst. Mumtaz Begum, by beating her with a club on the night between the 28th and 29th of May 1968. On appeal and reference, the High Court (Peshawar) has confirmed his sentence of death. Leave was granted to the appellant by this Court on the 3rd of April 1970, to consider whether the sentence of death awarded to him was appropriate in the circumstances of the case. The deceased had suffered 8 injuries on different parts of her body, all caused by blunt weapon. Her death was due to shock on account of multiple contusions. The appellant has admitted having beaten his wife, because she was quarrel­some and used to disobey him. This time he beat her because in the afternoon when he returned from his work, she had not heeded to his demand to give him some eatables along with tea. According to him, she showed the same indifference at night, because she did not come to his bed in the manner as instructed by him. The…

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