NAZIR AHMED Versus ASGHAR ALI
This petition for leave to appeal was filed by the petitioner against the order of the Lahore High Court dated 4-4-1987, whereby the respondent Asghar Ali's conviction for the murder of his wife was maintained, but his sentence of death was altered to imprisonment for life along with a reduction in fine. The core legal question concerns whether the High Court was justified in altering the death sentence to life imprisonment on the ground of unknown or concealed motive, while allegedly ignoring that the victim was heavily pregnant with twins who also died as a result of the act. The Supreme Court held that the contentions raised by the petitioner regarding the multiple loss of lives and the propriety of the sentence reduction warranted a detailed examination. Consequently, the Court granted leave to appeal to consider the enhancement of the sentence from life imprisonment back to death, noting the presence of supporting medical evidence and precedent.
- Whether the High Court is justified in altering a sentence of death to imprisonment for life on the ground of concealed or unknown motive?
- Does the death of unborn twins along with the pregnant mother constitute a relevant factor for the quantum of sentence in a murder trial?
- Section 302, Pakistan Penal Code 1860
ORDER
1. S.USMAN ALI SHAH, J.‑‑ Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, Lahore dated 4‑4‑1987, whereby Criminal Appeal No.45 of 1983 filed by Asghar Ali respondent No.l was dismissed but his sentence of death was altered to life imprisonment.
2. Asghar Ali was tried by the learned Additional Sessions Judge Multan, for having murdered his wife Mst. Shahida at the morning prayer time on 12‑8‑1981 in his house. The learned trial Judge found him guilty of the offence, convicted him under section 302. P.P.C. and sentenced him to death with fine of Rs. 5,000 or in default to suffer further R.I. for six months vide his judgment dated 19‑2‑1983. Appeal of Asghar Ali respondent No. 1 before the Lahore High Court was dismissed but his death sentence was altered to that of imprisonment for life and his fine was also reduced to Rs. 2,000 or in default to suffer further R.I. for one year, vide judgment dated 4‑4‑1987. The petitioner filed this petition for the enhancement of the sentence of the respondent No.l from life imprisonment to that of death.
3. After having heard the learned counsel for the parties and gone through the evidence on record, we have observed that in this case the sentence of death was altered to imprisonment for life only on the ground of unknown or deliberate concealment of motive for the offence. The learned counsel for the petitioner contended that the learned High Court while altering the sentence of the accused respondent from death to imprisonment for life has ignored the fact that the respondent was not only responsible for the murder of Mst.Shahida but rather he is responsible for taking two more lives. As there is reasonable evidence available on record that at the time of her murder Mst. Shahida was pregnant and at the advanced stage of family way. According to the medical report she was carrying "twin babies" (a male and a female) and was likely to give birth to them within a couple of days from the date of her death. These babies were also found dead. The learned counsel also placed reliance on 1974 S C M R 271 and 276. We are satisfied that the contention raised by the learned counsel needs consideration of this Court. Leave to appeal is therefore granted.
4. N.H.Q./N‑213/S Leave granted.