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1982 SCMR 581

HASSAN DIN vs KHADIM HUSSAIN AND Other

Citation1982 SCMR 581
CourtSupreme Court of Pakistan
Case No.Murder Reference No. 150 of 1972 Petition for Special Leave to Appeal No.
Judge(s)Hamoodur Rahman, Abdul Qadir Sheikh
ResultPetition dismissed

1. HAMOODUR RAHMAN, C. J.-The two respondents in this case were tried and sentenced to death under section 302/34, P. P. C. By the learned Sessions Judge of Gujrat for the murder of their co- villager, Muhammad Ilyas.

2. On appeal and reference a Division Bench of the Lahore High Court maintained their convictions but reduced the sentence "as the appellants committed the crime because their family honour was involved". The death sentence was not confirmed but reduced to imprisonment for life.

3. The father of the deceased has now come up for the special leave to appeal, against the said order and he wants the sentence to be enhanced. Learned counsel appearing in support of this petition has contended that this was a premeditated and deliberate murder and, therefore, there was no justification for the reduction of the sentence. It is to be pointed out in this connection that in the First Information Report itself it was stated that the reason for the enmity was that the respondents suspected the deceased, Muhammad Ilyas, of having developed illicit connections with their sister, Mst. Rashid Begum. If this be so then it appears to us that the High Court was right in reducing the sentence as the motivation for the crime was, as stated by the prosecution itself, the vindication of family honour.

4. In the circumstances we do not consider that the High Court has violated any principle of law in reducing the sentence. The sentence is otherwise a legal sentence and this Court does not interfere with a legal sentence.

5. This petition is, accordingly, dismissed.

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