Penal Code (XLV of 1860)‑
‑‑‑Ss. 302 & 304, Part I‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑Sentence, enhancement of‑‑Accused murdering his wife because he suspected her character and she had refused to accompany him to his village‑‑Conviction under S.302, P.P.C. and sentence of imprisonment for life altered by High Court to one under S.304, Part I , P . P. C. and sentence reduced to 5 years' R .I .‑‑Pleas that accused's keeping hatchet with him meant that he had pre‑planned murder of deceased if she refused to accompany him and that allegations of deceased's having illicit relations with some one else had been denied, repelled‑‑Supreme Court being of view that it was not a fit case for interference with judgment of High Court, refused leave to appeal.
Wahiduddin Virk, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
ORDER
JAVID IQBAL, J.‑‑This petition for leave to appeal has been filed by Muhammad Abdullah complainant‑petitioner for enhancement of sentence of Rashid Shah respondent. Rashid Shah respondent was charged under section 302 PPC for the murder of his wife Mst. Khurshid Bibi, and vide judgment of the trial Court dated 8 February 1979 he was convicted under section 302 PPC and sentenced to imprisonment for life plus fine. In appeal before the Lahore High Court, Bahawalpur Bench, his conviction was altered from one under section 302 PPC to that under section 304 Part‑I PPC and he was sentenced to five years RI plus fine there under.
The occurrence has been admitted by Rashid Shah respondent. He had married the deceased 1 months before the occurrence and was living as Khana Damad. The prosecution case as advanced by the eye‑witnesses is that Rashid Shah respondent insisted on his wife to leave the house of her parents and to go with him to his village, but since she refused to do so he murdered her with a hatchet. The version of Rashid Shah respondent on the other hand is that the deceased would not let him have sexual intercourse with her ever since they were married. He had therefore a suspicion that she was a bad character and had illicit relations with one Shah Nawaz of her village. On the night of occurrence he told the deceased that he was her husband and she must accompany him to his house but she said to him in anger that she was not his wife and would not go with him and would rather go with Shah Nawaz. On this he lost his control and gave her hatchet blows which he used to keep for his protection. It was in this background that learned Single Judge of the Lahore High Court, Bahawalpur Bench, accepted the version given by Rashid Shah respondent and altered his conviction reducing the sentence.
Learned counsel for the petitioner attempted to argue that since Rashid Shah respondent kept hatchet with him it meant that he had pre‑planned the murder of the deceased if she had refused to accompany him. It was next argued that the allegation against the deceased to the effect that she has previously eloped with someone or had developed illicit relations with one Shah Nawaz had been denied. It was next submitted that according to the ocular testimony the deceased was being given hatchet blows by Rashid Shah respondent when the eye‑witnesses witnessed the occurrence.
We have heard learned counsel at some length. In our considered view it is not a fit case for interference with the judgment of the Lahore High Court, Bahawalpur Bench. The result is that this petition is dismissed.
M .I . / M‑201/ SPetition dismissed.
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