ZAR WALI SHAH vs The STATE
This petition for leave to appeal challenged a High Court judgment that upheld the petitioner's conviction and death sentence for the murder of his maternal uncle. The core legal question was whether the petitioner was entitled to a reduction in sentence based on the plea of provocation. The petitioner argued that the deceased, who was his maternal uncle, had repeatedly demanded that the petitioner, a proclaimed offender in another case, stop visiting or staying at his house, which provoked the petitioner to commit the crime. The Supreme Court accepted this contention, finding that the circumstances surrounding the deceased's repeated demands upon the petitioner constituted sufficient provocation to warrant a lesser punishment. Consequently, the Court converted the petition into an appeal, set aside the death sentence, and substituted it with a sentence of imprisonment for life, while maintaining the fine and granting the benefit of Section 382-B of the Code of Criminal Procedure 1898. The judgment establishes that provocation arising from a close relative's repeated demands regarding a suspect's status as an offender can be a mitigating factor for sentencing.
- Can the sentence of death be reduced to life imprisonment on the grounds of provocation?
- Does a relative's repeated demand for an offender to cease visiting due to their criminal status constitute sufficient provocation for a murder charge?
- Is a convict entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898 upon the reduction of a death sentence to life imprisonment?
- Section 302, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
ALI HUSSAIN QAZILBASH, J.---This petition for leave to appeal is against the judgment of a learned Division Bench of the Peshawar High Court dated 24-3-1990.
2. In this case the petitioner had committed the murder of his maternal --uncle namely Shoukat All.
The occurrence took place on 21-2-1987 at 10-t10 a.m. In the house of the deceased, the report of which was made by Khalid Khan son of the deceased. The motive given in the F.I.R. For the commission of offence was that the deceased used to give advices to the petitioner of which the petitioner felt offended and committed the murder of his maternal-uncle.
3. After the completion of investigation the petitioner was put to trial which culminated in his conviction under section 302, P.P.C. And he was sentenced to death and a fine of Rs.20,000 by the Additional Sessions Judge, Peshawar on 6-8-1989. The appeal filed by the petitioner met the same fate.
4. We have heard the learned counsel for the petitioner and the Additional Advocate-General, N.- W.F.P. Who was on notice. The only submission made by the learned counsel for the petitioner in this case was for reduction of sentence of the petitioner and in support he submitted that it was prosecution's own case that the petitioner was an absconder in another case and his uncle Shoukat Ali deceased used to demand of the petitioner not to visit him or to stay in his house because he was a proclaimed offender. Such a demand from such a close relative had provoked the petitioner and he thus committed the murder of his maternal-- uncle under provocation and is, therefore, entitled to lesser punishment. We have considered the case from this angle and we think that the submissions made by the learned counsel for the petitioner must prevail.
5. In view of the above, we convert this petition into an appeal and reduce the sentence of death imposed upon the appellant to that of imprisonment for life. The sentence of fine is, however, maintained. The appellant will be entitled to the benefit under section 382-B, Cr.P.C. The appeal is thus partly allowed.