MUHAMMAD RAFIQ Versus STATE
The petitioners sought leave to appeal against their conviction and sentences under section 302/34 of the Pakistan Penal Code 1860. The core legal question raised was whether the absence of an initial motive to kill, and the presence of an alternative motive to bring back the petitioner's wife, warranted the substitution of the death sentence with a lesser sentence under section 302 of the Pakistan Penal Code 1860. The Supreme Court of Pakistan held that the petitioners were rightly convicted and sentenced to death given the circumstances of the case. The court laid down the principle that an underlying domestic or non-fatal initial objective does not automatically mitigate the offense of murder committed during the transaction, thereby dismissing the petition for leave to appeal as meritless.
- Does an initial motive to bring back a wife rather than commit murder warrant a lesser sentence under Section 302 of the Pakistan Penal Code 1860?
- Whether conviction and death sentence under Section 302/34 of the Pakistan Penal Code 1860 are justified when the accused went to the victim's house for a domestic purpose but committed murder?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J. ‑‑Petitioners seek leave to appeal against their conviction and sentences, inter alia under section 302/34, P.P.C.'
2. We have gone through the impugned judgment and heard the learned counsel for the petitioners. He submitted that since the motive with which the accused had gone to the house of Nawab Din (deceased) was not to kill him, but only to bring back the wife of Muhammad Rafiq petitioner, the latter therefore deserves to be awarded lesser sentence under section 302, P .P. C .
3. We are afraid we cannot agree with this contention and feel that in the circumstances of this case, the petitioner was rightly convicted and sentenced to death.
The petition is consequently dismissed as having no merit.
M.I./M‑404/S Petition dismissed.