ASLAM RIAZ HUSSAIN, J.--Sultan Mahmood petitioner was tried alongwith Mumtaz Hussain for the murder of Muhammad Noor and his son Muhammad Razzaq. Mumtaz Hussain co-accused was acquitted by the trial Court while Sultan Mahmood was convicted for the said offence and sentenced to death inter alia, for the murder of Noor Muhammad. His appeal was dismissed by the High Court and death sentence was confirmed.
Hence the present petition for leave to appeal.
2. Motive as alleged by the prosecution in the F.I.R. Is as follows:- Three years before the occurrence, Muhammad Nawaz complainant was suspected of having illicit relations with Mst. Ghulam Begum daughter of Fateh Khan. Due to the illicit relations complainant was also sufficiently defamed. Two years prior to the present occurrence Mst. Ghulam Begum was married to Sultan Mahmood petitioner. But the suspicion of illicit relation could not be removed from the mind of the petitioner and about 20 days before the occurrence the petitioner had also quarrelled with Muhammad Razzaq deceased but due to the intervention of Manzoor Hussain the dispute was settled, but Sultan Mahmood petitioner was nursing grudge on account of illicit relations.
3.The accused-petitioner in his statement at the trial denied having committed the murder but made the following statement in answer to question No.5:- "It is incorrect. However, it is correct that about 15 days prior to the occurrence when I was present in my own land and Razzaq deceased was in his own land nearby I had asked him to admonish his brother Muhammad Nawaz P.W. For having illicit relations with my wife and when he asked me that better I should restrain my wife from doing so and he was helpless so far as his brother was concerned there took place an argument between us and we exchanged hot words."
4. Learned counsel for the petitioner contended inter alia, that in view of the motive set up by the prosecution and the above noted statement of the accused at the trial the petitioner is entitled to the lesser sentence inasmuch as that this was a case of family honour.
5. It appears that the matter needs consideration. Leave is, therefore, granted only on the question of sentence.