1987 PLP 1761 (SCMR)
ABDUL GHAFOOR and another‑‑Petitioners Versus THE STATE and another‑‑Respondents
| Citation | 1987 PLP 1761 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ |
| Parties | ABDUL GHAFOOR and another‑‑Petitioners Versus THE STATE and another‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1761 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1761 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1761 (SCMR) (ABDUL GHAFOOR and another‑‑Petitioners Versus THE STATE and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Akram Khawaja, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner (in Criminal Petition for Special Leave to Appeal No.149 of 1982).
- Nemo for Respondents (in both the Petitions).
- Khuda Dad Barki, Advocate Supreme Court, Ch. Hamid‑ud‑Din, Advocate Supreme Court (absent) and Ejaz Ahmad Khan, Advocate‑on-record for Petitioner (in Criminal Petition for Special Leave to Appeal No.507 of 1981).
- Date of hearing: 10th February, 1987.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, BWP Bench dated 22‑11‑1981 in Criminal Appeal No.10 of 1980). ‑‑‑S. 302‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Trial Court convicting accused under S. 302, P.P.C.‑‑High Court in appeal maintaining conviction but altering sentence of death to imprisonment for life‑‑Reasons given by High Court for alteration of sentence found adequate‑‑Petition for leave to appeal, by nephew of deceased, for restoration of death sentence dismissed.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑These are two petitions for special leave to appeal from the judgment oaf the Lahore High Court dated 22‑11‑1981.
2. Abdul Ghafoor, petitioner in Cr1.P.S.L9A. No.149 of 1982, was convicted by the Sessions Judge, Bahawalnagar, of an offence under section 302 of the Pakistan Penal Code for causing the death of his wife, Mst. Bilqis Begum, and was sentenced to death and to pay a fine of Rs.5,
000. On appeal and reference the High Court upheld his conviction and sentence of fine but reduced the sentence of death to imprisonment for life. He has filed this petition to challenge his conviction and sentences. Ghulam Rasool Taggar, a nephew of the deceased, has filed Crl. P. S. L. A. No. 507 of 1981 for the restoration of the sentence of death.
3. The deceased was married to the petitioner about 15 or 16 years prior to the occurrence and they lived in village Parranwali. There were four issues of the marriage, a son and three daughters. The petitioner wanted to marry his eldest daughter to the son of his brother. The deceased was against this match. Their difference in this regard led to estrangement between them. As a result the deceased left his house and started living with her sister in Chak No.33‑F. Her sister constructed a chappar for her where she resided with her children. The petitioner made numerous efforts for reconciliation but without any success.
4. It was alleged by the prosecution that on the night of 25‑12‑1978 the deceased was sleeping in the shed with her children. Her sister's son Ghulam Rasool was also sleeping there for their protection. At about mid‑night the petitioner came there with a hatchet and started hitting the deceased. He inflicted as many as six blows on her. The attack woke up the children as well as Ghulam Rasool, The petitioner then ran away with the hatchet. The incident was reported to the police at 4‑30 a.m, on the following morning.
5. The petitioner pleaded not guilty to the charge against him. He denied that he had anything to do with the death of the deceased and took the plea of alibi. He produced three witnesses to support his plea. They deposed that on the relevant night he was in Basti Sindhuwala of village Nanak Chand.
6. At the trial the ocular evidence against the petitioner was provided by Ghulam Rasool and Muhammad Hafiz. It may be mentioned that Muhammad Hafiz was the son of the petitioner and was about 7 or 8 years of age at the relevant time. They both claimed to have witnessed the occurrence and stated that they had seen the petitioner giving hatchet blows to the deceased. The trial Court and the High Court accepted their testimony and rejected the plea of alibi. We see no justification for taking a different view in the matter. He was rightly convicted of an offence under section 302 of the Pakistan Penal Code for causing the death of the deceased. The High Court has given adequate reasons for not confirming the sentence of death imposed upon him by the trial Court and in this context the learned Judges examined the background of the attack on the deceased. We are not 'prepared to interfere with the discretion exercised by the High Court.
7. For the reasons stated above both the petitions are dismissed. K.B.A./A‑93/S Leave refused.