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Initializing Secure Chambers
Petitioner: MUHAMMAD ASLAM VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Syed Jamshed Ali, Raja Fayyaz Ahmad Title: MUHAMMAD ASLAM vs THE STATE Case No.: Jail Petition No,136 of 2006 Date of Judgment:2007-04-23 Reported As: 2007 SCMR 1862 Result: Leave granted
Judgment ORDER ' RAJA FAYYAZ AHMAD, J.--- Inter alia, it has been contended by the learned counsel for the petitioner that both the learned Courts i,e, the learned trial Court and the learned High Court, while sentencing the petitioner to death under section 302(b), P.P.C. Have taken into consideration and placed some reliance on the defence plea taken by the petitioner in his examination under section 342, Cr.P.C. In answer to Question No,17 relating to the sudden and grave provocation for having allegedly seen his wife Mst. Shammi with deceased Muhammad Abbas in compromising position, therefore, the learned counsel in the given facts and circumstances of the case submitted that he shall not press this petition on merits except to the extent of awarding capital punishment. 2. We, having considered the contention noted above put forth on behalf of the petitioner in the light of the evidence available on record, examination of the accused under section 342, Cr.P.C. And the evidence available on record are of the view that the quantum of punishment requires to be thoroughly considered and examined in the light of the overall facts and circumstances of the case, therefore, are inclined to grant leave to appeal only to the extent of quantum of punishment awarded to the petitioner i,e, death sentence confirmed by the learned High Court vide impugned judgment. Accordingly the petition is allowed.
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