ASGBAR ALI Versus STATE

ORDER

1. NASIM HASAN SHAH, J. ‑The petitioner Asghar Ali stands convicted under section 302 of the P. P. C. for the murder of Irshad Bibi, wife of his brother Barkat Ali and has been sentenced to death. The sentence has also been confirmed, on appeal and reference, by the High Court. Hence this petition for special leave to appeal.

2. The learned counsel for the petitioner, in support of this petition, only seeks reduction of sentence and in this connection submits that the heirs of the deceased have pardoned and forgiven the petitioner. This plea is confirmed by a written application submitted on behalf of the husband of the deceased, who is also the guardian of her children. Reliance is placed on Muhammad Bashir v. The State (PLD1982SC139) for the proposition that the sentence can be reduced in such circumstances.

3. Leave to appeal is, accordingly, granted to consider whether in the circumstances of this case the rule laid down in the above case is attracted and the sentence of the petitioner can be reduced.

4. The heirs of the deceased should be present at the final hearing of the case, which should be fixed at an early date, on the present record.

5. Leave granted.