MUHAMMAD AKBAR vs The STATE
The petitioner, Muhammad Akbar, was convicted of murder and sentenced to death, with a compensation order, while his co-accused brother was acquitted. The High Court upheld the conviction and sentence. Upon seeking leave to appeal to the Supreme Court, the petitioner did not contest the conviction on merits but sought a reduction of the sentence. The defense argued that the motive for the crime was rooted in family honor, specifically stemming from a false allegation regarding the pregnancy and abortion of the petitioner's sister, Mst. Sardar Begum, which caused the family significant dishonor and led to the petitioner's prior incarceration. The Supreme Court considered this mitigating circumstance regarding the motive and the preservation of family honor. Consequently, the Court converted the petition into an appeal, maintained the conviction, but reduced the sentence from death to imprisonment for life, while granting the benefit of Section 382-B of the Code of Criminal Procedure 1898. The judgment establishes that mitigating factors, such as provocation arising from matters of family honor, can justify the commutation of a death sentence to life imprisonment.
- Can a death sentence be reduced to life imprisonment based on the motive of family honor?
- Does the discovery of a false allegation regarding a family member's conduct constitute a mitigating factor for sentencing in a murder case?
- Section 382-B, Code of Criminal Procedure 1898
ORDER
ASLAM RIAZ HUSSAIN, J.--Muhammad Akbar petitioner was tried alongwith his brother Aslam for the murder of Fateh Muhammad for which he was sentenced to death. He was also directed to pay Rs.1,000 as compensation to the heirs of the deceased or in default to suffer one year's R.I. His brother Aslam was, however, acquitted by the trial Court. He filed an appeal before the High Court which failed and his death sentence was confirmed.
2. Feeling aggrieved he moved this Court for leave to appeal.
3. Learned counsel for the petitioner submits that he does not challenge the conviction on merits but only seeks leave to argue the question of reduction of sentence.
4. Considering that the matter involves a very simple question we convert the petition into appeal and dispose it of as such.
5. Learned counsel for the petitioner has pointed out that according to the prosecution version itself the motive for the offence as given in the F.I.R. As follows:-
6. Learned counsel for the petitioner referred to the statement of Muhammad Alam (P.W. 4) and submitted that during the post-mortem examination it was revealed that Mst. Sardar Begum was neither pregnant before her death nor had her death been caused as a result of abortion. He submitted that the aforementioned allegation was proved to be totally false and incorrect and that because of this not only did the petitioners who are brothers of Mst. Sardar Begum, felt greatly insulted and dishonoured, but had also suffered 6 months in jail as a result to the said allegation.
He, therefore, urged that the petitioner had a genuine grievance against the deceased and was a matter of family honour which they felt justified in vindicating.
7. We have given our anxious consideration to this aspect of the case and feel that there is sufficient force in it. We accordingly partly allow the appeal to the extent that while maintaining the petitioner's conviction reduce his sentence from death to that imprisonment for life and grant him the benefit of provisions of section 382-B, Cr. P.C.