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Criminal Petition for Special Leave to Appeal No. 214 of 1981; decided on 11th October, 1986.
(Against the judgment of the Lahore High Court, Lahore, dated 17‑3‑1981, passed in Criminal Appeal No. 829 of 1979).
‑‑‑Art. 185(3,)‑‑Penal Code (XLV of 1860), Ss. 302 & 452‑‑Only intention raised that defence plea was not properly considered and wrongly disbelieved found untenable‑‑Two Courts below having rightly rejected defence version, leave to appeal refused.
Waheeduddin Virk, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing: 11th October, 1986.
The petitioner was tried for having stabbed his wife Mst. Naseem Akhtar. He was convicted under section 302, P.P.C., and sentenced to imprisonment for life and a fine of Rs.10, 000 (or 3 years in case of default of payment of fine). He was also convicted under section 452, P.P.C. and sentenced to 3 years' R.I. and a fine of Rs.2,000 (1 year R.I. in case of default of payment of fine). The High Court dismissed his appeal and maintained his conviction and sentences.
Hence the present petition.
2. The prosecution case briefly is that the petitioner Muhammad Khalid had married Naseem Akhtar (deceased) and was living in Tehsil Sanghar. On Eid‑uz‑Zuha the accused alongwith Naseem Akhtar and their children went to the house of her brother Muhammad Anwar P.W. On 7‑12‑1976, Muhammad Khalid, petitioner asked Mst. Naseem Akhtar to get ready and go with him back to his house, but she refused. There was an exchange of unpleasant words between them. The accused went away threatening. Next day he again came to the house of his in‑laws and asked his wife Mst. Naseem Akhtar to go with him but she did not agree whereupon the accused stabbed her thrice and made good his escape.
3. The defence version is that when the petitioner went to the house where his wife was staying, he saw a stranger coming out of the house. He also saw that Mst. Naseem Akhtar had no shirt on her body and was tying the string of her Shalwar. The petitioner got provoked. He picked up a knife from the kitchen nearby and stabbed her to death.
4. We have heard the learned counsel for the petitioner. The only ground urged by him is that the plea of defence raised by the petitioner was not properly considered and has been wrongly disbelieved. We have gone through the portions of the judgments of the two Courts below dealing with the defence version and are inclined to feel that they have rightly rejected the defence version. The plea raised by the petitioner's counsel has no merit. The petition is, therefore, dismissed.
M. I. Petition dismissed.
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