SABTAIN HAIDER vs State Ss — 2022 SCMR 2012 SUPREME-COURT

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SABTAIN HAIDER VS State Ss. 302(b) & 302(c)---Qatl-i-amd---Reappraisal of evidence---Murder of sister's alleged paramour committed under the impulses of 'ghairat' and grave and sudden provocation---Diminished liability---Conviction under section 302(b), P.P.C. altered to one under section 302(c), P.P.C.---Deceased (alleged paramour) was murdered when the accused had seen him with his sister in an objectionable position---Said question was also put to the eye-witnesses but they could not deny the same---Such fact had also been mentioned in the crime report---Stance of the accused had been supported by the statement of doctor who conducted postmortem examination of the sister of accused---Doctor candidly stated that "hymen was totally absent"---Admittedly, the place where the deceased was done to death was a school where no activity was going on when the occurrence took place---Wall of the school from the northern side was common wall between the school and the house of the accused and the stairs were situated adjacent to the above said wall---During cross-examination, the Investigating Officer admitted that it was the first version of accused that he took the life of the deceased under grave and sudden provocation as he had seen him in a compromising position with his sister---Record clearly revealed that there was no conventional enmity between the parties and the only reason as to why the accused could have committed the murders was nothing but him having seen his sister in a compromising position with the deceased---In the present case, as the murders were committed under the impulses of ghairat and grave and sudden provocation, the doctrine of diminished liability would be squarely attracted providing mitigation to the punishment awarded to the accused---Present case was a case of grave and sudden provocation which attracted the provisions of section 302(c), P.P.C.---Conviction of accused under section 302(b), P.P.C. was altered into one under section 302(c), P.P.C. and he was sentenced to imprisonment for the period which he had already undergone---Petition for leave to appeal was converted into appeal and partly allowed.

SABTAIN HAIDER vs State Ss — 2022 SCMR 2012 SUPREME-COURT

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