MUHAMMAD KHALID vs The STATE
This criminal petition for leave to appeal arises from the conviction of the petitioner, Muhammad Khalid, for the murder of his wife, Mst. Naseem Akhtar, under Section 302 of the Pakistan Penal Code 1860, and for house-trespass under Section 452 of the Pakistan Penal Code 1860. The petitioner was sentenced to life imprisonment and fines by the trial court, which were subsequently maintained by the High Court. The core legal question before the Supreme Court was whether the lower courts erred in rejecting the petitioner's defence version, which claimed the act was committed under grave and sudden provocation after he allegedly discovered his wife in a compromising position with a stranger. Upon reviewing the judgments of the courts below, the Supreme Court found that the defence version had been properly evaluated and correctly rejected by the lower courts. Consequently, the Supreme Court held that the plea lacked merit and dismissed the petition, thereby affirming the conviction and sentences imposed upon the petitioner. The judgment reinforces the principle that appellate courts will not interfere with concurrent findings of fact regarding the credibility of a defence plea when properly considered by lower courts.
- Can the Supreme Court interfere with concurrent findings of fact regarding the rejection of a defence plea?
- Does the discovery of a spouse in a compromising position automatically constitute grave and sudden provocation for murder?
- Section 302, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.--The petitioner was tried for having stabbed his wife Mst. Naseem Akhtar.
He was convicted under section 302, P.P.C., and sentenced to imprisonment for life and a fine of Rs.10, 000 (or 3 years in case of default of payment of fine). He was also convicted under section 452, P.P.C. And sentenced to 3 years' R.I. And a fine of Rs.2,000 (1 year R.I. In case of default of payment of fine). The High Court dismissed his appeal and maintained his conviction and sentences.
Hence the present petition.
2. The prosecution case briefly is that the petitioner Muhammad Khalid had married Naseem Akhtar (deceased) and was living in Tehsil Sanghar. On Eid-uz-Zuha the accused alongwith Naseem Akhtar and their children went to the house of her brother Muhammad Anwar P.W. On 7- 12-1976, Muhammad Khalid, petitioner asked Mst. Naseem Akhtar to get ready and go with him back to his house, but she refused. There was an exchange of unpleasant words between them.
The accused went away threatening. Next day he again came to the house of his in-laws and asked his wife Mst. Naseem Akhtar to go with him but she did not agree whereupon the accused stabbed her thrice and made good his escape.
3. The defence version is that when the petitioner went to the house where his wife was staying, he saw a stranger coming out of the house. He also saw that Mst. Naseem Akhtar had no shirt on her body and was tying the string of her Shalwar. The petitioner got provoked. He picked up a knife from the kitchen nearby and stabbed her to death.
4. We have heard the learned counsel for the petitioner. The only ground urged by him is that the plea of defence raised by the petitioner was not properly considered and has been wrongly disbelieved. We have gone through the portions of the judgments of the two Courts below dealing with the defence version and are inclined to feel that they have rightly rejected the defence version. The plea raised by the petitioner's counsel has no merit. The petition is, therefore, dismissed.