SARDAR MUHAMMAD Alias KAKA vs The STATE
The petitioner sought leave to appeal against his conviction under Section 302 of the Pakistan Penal Code 1860 for the murder of his sister-in-law, Mst. Hussain Bibi. Although initially sentenced to death by the trial court, the High Court of West Pakistan commuted the sentence to life imprisonment. The petitioner admitted to the killing but raised the defense of grave and sudden provocation, alleging he found the deceased in a compromising position with his younger brother. The evidence established that the petitioner had an illicit relationship with the deceased, who subsequently engaged in a liaison with his younger brother. The Supreme Court observed that the murder was committed in cold blood and that the High Court had already exercised leniency by awarding the lesser penalty based on the petitioner's provocation arising from the deceased's infidelity. Finding no merit in the petition, the Supreme Court dismissed the petition for leave to appeal, thereby maintaining the conviction and the commuted sentence of life imprisonment imposed by the High Court.
- Does the discovery of a deceased's infidelity with a family member constitute grave and sudden provocation sufficient to mitigate a murder sentence?
- Can a conviction under Section 302 of the Pakistan Penal Code 1860 be sustained where the accused admits to the killing but claims provocation?
- Is the appellate court justified in commuting a death sentence to life imprisonment based on the circumstances of the provocation?
- Section 302, Pakistan Penal Code 1860
1. SAJJAD AHMAD, J.-The petitioner has questioned his conviction under section 302, P. P. C. For causing the murder of his elder brother's were, Mst. Hussain Bibi, for which he was awarded a death sentence by the trial Judge, but which, on appeal and reference, was commuted to life imprisonment by the High Court of West Pakistan.
2. At the trial, the petitioner confessed that he had killed the deceased, but pleaded grave and sudden provocation by stating that he had killed her because he found her in a compromising position with his younger brother Habib In the committing Court's statement, he had given a different version. He had stated there that his brother Abdul Sattar surprised him in the act of actual adultery with the deceased on which he killed her and that he was able to make good his escape. It is proved from the evidence on record that the petitioner was carrying on with the deceased who later contacted an illicit liaison with his younger brother. It seems that her infidelity had provoked the petitioner which led to this murder. The provocation to the petition resulting from the infidelity of the deceased has influenced the High Court in awarding the lesser penalty to him for this murder A which otherwise was committed in cold blood and merited the extreme penalty.
3. This petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.