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Petitioner: GHULAM HAIDER KHAN VS Respondent: MUHAMMAD HAYAT and 3 others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Muhammad Afzal Zullah, Syed Usman Ali Shah Title: GHULAM HAIDER KHAN vs MUHAMMAD HAYAT and 3 others Case No.: Criminal Petition for Leave to Appeal No, 301 of 1986 Date of Judgment:1989-06-20 Reported As: 1990 SCMR 339 Result: Petition dismissed
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the complainant side in a case of culpable homicide wherein Muhammad Hayat accused respondent was given the benefit of lesser offence and sentenced under section 304, Part I, P.P.C. On the finding of grave and sudden provocation. The other two accused/respondents were acquitted. ' Learned counsel has pressed the case only against Muhammad Hayat on two lines--one, that he was guilty under section 302, P.P.C., and in the alternative in any case the sentence of 7 years' R.I. Under section 304, Part I, P.P.C. Should be enhanced. After hearing the learned counsel on merits we do not agree with him that it was not a case of sudden provocation--he has agreed that it could though A be grave. On the question of sentence also the sister of the accused having been molested by the deceased, she had become pregnant. In the circumstances of this case it is not a fit case to grant leave to appeal. The same, therefore, is refused.