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K.L.R 1989 Criminal Cases 478

MUHAMMAD KHAN vs MUHAMMAD SHAFIQ

CitationK.L.R 1989 Criminal Cases 478
CourtLahore High Court
Case No.Crl.Revision No.293/1988,
Date1989-03-07
Judge(s)Rashid Aziz Khan
ResultN/A

ORDER

Rashid Aziz Khan, J.- The facts leading to the filing of this revision arc that a case under sections 302/307/325 PPC was registered against the respondent. After investigation the case came up for hearing before Addl: Sessions Judge, Gujrat, who vide his judgment dated 18-7-1987 found the respondent guiIty under section 304 PPC and sentenced him to 10 years R.I. And a fine of Rs.8,000/-.

The petitioner who was complainant in the said case has filed this revision seeking enhancement in the sentence of the respondent.

It is contended by learned counsel for the petitioner that the case against the respondent has been proved beyond any doubt. Submits that he had caused the death of one Rehmat Khan and had also caused injuries to Mst. Bashiran paternal aunt of the respondent. Submits that no mitigating circumstances were available for awarding lesser sentence.

2. 1 have heard learned counsel at length and gone through the judgment. The allegation against the respondent was that he suspected Rehmat Khan deceased of having illicit relations with his paternal aunt Mst. Bashiran, and for that reason he murdered him. The learned trial Court after assessing the entire evidence came to the conclusion that the respondent acted under grave and sudden provocation for which he awarded 10 years R.I. Learned counsel for the petitioner has not challenged the acquittal of the respondent under section 302 PPC but only seeks enhancement of sentence of imprisonment. Since it has been established that the deceased was having illicit relations with Mst. Bashiran paternal aunt of the respondent and on the day of incident he came on a Motorcycle to meet her but was surprised by the respondent who lost his control and murdered Rehmat Khan deceased, therefore the sentence of 10 years R.I. Is adequate.

1 have gone through the judgment and fully agree with the reasons given by the learned trial Court for awarding 10 years R.I. And a fine of Rs. 8,000/-. In the circumstances discussed above, I find that the sentence is adequate.

3. ResuItantly, the petition fails which is accordingly dismissed.

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