MUHAMMAD MEHDI vs ALLAH BAKHSH
This matter arises from two petitions for leave to appeal concerning a murder case where two individuals, Ghulam Rasool and Muhammad Shafi, were killed, and several others were injured. The motive for the crime was alleged to be an illicit liaison between the deceased, Ghulam Rasool, and the daughter of one of the accused. The High Court had previously reduced the death sentences of two accused, Allah Bakhsh and Ghulam Hussain, to life imprisonment, citing the vindication of family honour. The complainant filed a petition challenging this reduction, arguing that the plea of honour did not apply to the murder of Muhammad Shafi, and also challenged the acquittal of other accused persons regarding charges under Section 307 of the Pakistan Penal Code 1860. The Supreme Court observed that the attack appeared to be a joint and concerted effort, necessitating a review of the acquittal under Section 307. Consequently, the Court granted leave to appeal in both the complainant's petition and the connected petition filed by the convicts to examine the legality of the convictions and sentences.
- Can a plea of family honour serve as a mitigating factor for the murder of a person not involved in the alleged illicit relationship?
- Does a joint and concerted attack preclude the separation of cases for individual accused regarding the intention to commit murder?
- Under what circumstances can an acquittal under Section 307 of the Pakistan Penal Code 1860 be reviewed by the Supreme Court?
- Section 307, Pakistan Penal Code 1860
ORDER
1. 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.
2. The motive was that Ghulam Rasool deceased was carrying on illicit liaison with Mst. Kanzi daughter of Zaman accused.
3. 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.
4. 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 SCMR 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.
5. Accordingly, the acquittal under section 307, P. P. C. Also require examination. We grant leave to appeal in this Petition No. 567 of 1980.
6. 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.