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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUSHTAQ MASIH VS Respondent: STATE
1988 S C M R 192
1988 S C M R 192
Present: Aslam Riaz Hussain and Javid Iqbal, JJ
MUSHTAQ MASIH--Petitioner
versus
THE STATE--Respondent
Petition for Leave to Appeal No. 174 of 1987, heard on 10th November, 1987.
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 17th May, 1987 in Murder Reference No. 99 of 1984/Criminal Appeals Nos. 272 and 273 of 1984).
Penal Code (XLV of 1860)--
---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal, appreciation of evidence--Sentence--Family honour--Conviction under S. 302, P.P.C.--Petitioner seeking reduction in sentence--Plea that according to trend of cross-examination there was an indication that deceased had an evil eye for the daughter of brother of petitioner and therefore an element of family honour might have been involved in the case, not sustained because it was merely a suggestion made in cross-examination of a witness which had been categorically denied--Not being a fit case leave to appeal petition was dismissed.
Hassan Ahmad Khan Kanwar, Advocate Supreme Court instructed by Salahuddin, Advocate-on-Record for Petitioner.
Nemo for the State.
Date of hearing: 10th November, 1987.
ORDER
JAVID IQBAL, J.--This petition for leave to appeal has been riled by Mushtaq Masih petitioner who was convicted by the trial Court under section 302, P.P. C. and sentenced to death plus fine. His co-accused was acquitted. On appeal the conviction and sentence were maintained. The motive was that the (deceased used to sit in front of the house of the deceased Rashid Masih. A day before the occurrence the deceased prevented him from sitting there and as a result an altercation took place. However, the matter was patched up. On the following day the petitioner alongwith his brother attacked the deceased. He gave him four Chhuri blows. Human blood-stained Chhuri had been recovered at his instance after his arrest. The occurrence had been witnessed by the father of the deceased and son of sister-in-law of his father.
Learned counsel for the petitioner does not press the case on merits but only seeks reduction of sentence on the ground that according to the trend of cross-examination there was an indication that the deceased had an evil eye for the daughter of brother of the petitioner and therefore, an element of family honour might have been involved in the case.
We have considered the argument of the learned counsel but in our view it is merely a suggestion made in the cross-examination of a witness which had been categorically denied (page 30 of the paper book). In our view it is not a fit case for the grant of leave.
The petition is, therefore, dismissed.
M.I./M-243/S Petition dismissed.