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Petitioner: MUHAMMAD RAFIQ VS Respondent: STATE
1988 S C M R 1098
1988 S C M R 1098
Present: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ
MUHAMMAD RAFIQ and others‑‑Petitioners versus THE STATE‑‑Respondent
Criminal Petition for Special Leave to Appeal No.253 of 1987, decided on 29th March, 1988.
(Against the judgment of the Lahore High Court, Lahore, dated 7‑7‑1987 passed in Criminal Appeal No.214 of 1983, and Murder Reference No.5 of 1984).
Penal Code (XLV of 1860)‑‑
‑‑S.302/34‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Sentence‑ Reduction in‑‑Motive of offence‑‑Conviction and sentences under S.302/34 P.P.C. challenged‑‑Plea that motive with which accused had gone to the house of deceased being not to kill him, but only to bring back one of petitioners wife, the latter deserved lesser sentence, repelled‑‑Held: In circumstances of case the petitioner was rightly convicted and sentenced to death‑‑Petition being devoid of merit, dismissed.
Kh. Muhammad Afzal, Advocate Supreme Court and Syed Abul Asim Jafri, Advocate‑ on‑Record for Petitioners.
Nemo for the State.
Date of hearing: 29th March,, 1988.
ORDER
ASLAM RIAZ HUSSAIN, J.‑‑Petitioners seek leave to appeal against their conviction and sentences, inter alia under section 302/34, P.P.C.'
2. We have gone through the impugned judgment and heard the learned counsel for the petitioners. He submitted that since the motive with which the accused had gone to the house of Nawab Din (deceased) was not to kill him, but only to bring back the wife of Muhammad Rafiq petitioner, the latter therefore deserves to be awarded lesser sentence under section 302, P .P. C .
3. We are afraid we cannot agree with this contention and feel that in the circumstances of this case, the petitioner was rightly convicted and sentenced to death.
The petition is consequently dismissed as having no merit.
M.I./M‑404/S Petition dismissed.