ALI ASGHAR vs The STATE — 1971 SCMR 364

Citation: 1971 SCMR 364

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-09

Parties: ALI ASGHAR vs The STATE

Headnotes

Case cited as 1971 SCMR 364

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: ALI ASGHAR vs The STATE Case No.: Criminal Appeal No. 13-P of 1970 Criminal Appeal No. 36 of 1969 Date of Judgment:1971-04-09 Reported As: 1971 SCMR 364 Result: Order accordingly JUDGMENT JUDGMENT SAJJAD AHMAD, J.-The appellant, Ali Asghar, was sentenced to death by the Sessions Judge, Hazara, for causing the murder of his wife, Mst. Mumtaz Begum, by beating her with a club on the night between the 28th and 29th of May 1968. On appeal and reference, the High Court (Peshawar) has confirmed his sentence of death. Leave was granted to the appellant by this Court on the 3rd of April 1970, to consider whether the sentence of death awarded to him was appropriate in the circumstances of the case. The deceased had suffered 8 injuries on different parts of her body, all caused by blunt weapon. Her death was due to shock on account of multiple contusions. The appellant has admitted having beaten his wife, because she was quarrel--some and used to disobey him. This time he beat her because in the afternoon when he returned from his work, she had not heeded to his demand to give him some eatables along with tea. According to him, she showed the same indifference at night, because she did not come to his bed in the manner as instructed by him. The father of the appellant, Faqir Muhammad, appeared in defence and stated that the appellant was not keeping a balanced mind, and…

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