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Criminal Petition for Special Leave to Appeals Nos. 567 and 571 of 1980, decided on 7th March, 1983.
---Art. 185(3)‑Penal Code (XLV of 1860), Ss. 307 & 324‑Murder‑Motive being that deceased carrying on illicit liaison with daughter of accused High Court reducing death sentence from death to life imprisonment on assumption that accused acted in vindication of family honour being closely related to girl and acquitting other accused from charge of S. 307, P. P: C. and convicting under S. 324, P. P. C. only‑ Contentions that even if point ‑ of honour could he relied regarding death of person (carrying on illicit relations with girl) no such mitigation was available to accused regarding murder of father of deceased and also that attack being joint and concerted case of other accused could not be separated in so far as intention to commit murder was concerned, accordingly acquittal under S. 307, P. P. C. required examination‑Leave to appeal granted in both petitions one having been filed from complainant side and other by convicts.
Nawab v. The State 1982 S C M R 484 ref.
Abdul Hafeez Qureshi, Advocate, Supreme Court and Iqbal Ahmad Qureshi, Advocate‑on‑Record for Petitioner (in Cr. P. 567/80).
M. B. Zaman, Senior Advocate, Supreme Court and M. A. Qadri Advocate‑on‑Record for Petitioner (in Cr. P. 571/80).
Sh. Abdul Karim, Advocate‑on‑Record for Respondent.
Date of hearing: 7th March, 1983.
These two petitions arise out of a murder case wherein two persons Ghulam Rasool and his father Muhammad Shafi were done to death and several persons on the complainant side were injured. The motive was that Ghulam Rasool deceased was carrying on illicit liaison with Mst. Kanzi daughter of Zaman accused.
Criminal Petition No. 567/80 has been filed from complainant side for reversal of the order of the High Court whereby the sentence of death awarded to Allah Bakhsh and Ghulam Hussain was reduced to life imprisonment, on the assumption that they acted in vindication of family honour‑both were stated to be closely related to Mst. Kaniz. This petition is also directed against the acquittal of the other accused from charge of section 307, P. P. C. and conviction under section X24, P. P. C. only.
Learned counsel for the complainant has pointed out that even if point of honour could be relied regarding the death of Ghulam Rasool, no sue mitigation was available to the accused regarding the murder of Muhammad Shafi Learned counsel relied on Nawab v. The State (1982 S C M R 484), he also contended that the attack being joint and concerted, the case of the other accused could not be separated insofar as the intention to commit murder is concerned.
Accordingly, the acquittal under section 307, P. P. C. also require examination. We grant leave to appeal in this Petition No. 567 of 1980.
As the case would be examined in the appeal arising out of the connected petition we consider it just and proper to grant leave in the other connected Petition No. 571, bf 1980, which has been filed by the convicts.
M.Z.M Order accordingly.
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