| Case ID |
008cfdfa-f7bc-47d2-aead-3e414994d72f |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeals Nos. (S)101, (Q)200 and Murder Re |
| Decision Date |
Apr 20, 2001 |
| Hearing Date |
Apr 07, 2001 |
| Decision |
The Balochistan High Court found the appellant guilty of murder under section 302(a) of the Penal Code for the murder of Kandera and Mst. Gul Hira, sentencing him to death and imposing a fine. The court also ruled that the appellant's claim of grave and sudden provocation warranted a reconsideration of his conviction, converting it to one under section 302(c) for the murder of Kandera, resulting in a 25-year imprisonment sentence. For the murder of Mst. Gul Hira, the conviction was altered to one under section 308, with a sentence of 14 years' imprisonment and a Diyat payment of Rs. 2,84,859 to the heirs. The court emphasized that no one has the right to take the law into their own hands in the name of 'Ghairat', and that honour killings are not permissible under law or religion. |
| Summary |
In the case presented before the Balochistan High Court, the appellant, Pehlwan, was accused of committing double murder under the Penal Code, resulting from allegations of honour-related motives. The court examined the circumstances surrounding the incident, which involved claims of grave and sudden provocation. The presiding judges upheld the principle that honour killings are unacceptable in contemporary law, reiterating that such acts violate fundamental rights. The court acknowledged the absence of substantial evidence linking the accused to the murders beyond his own admissions made during the trial. As a result, the conviction under section 302(a) was modified to section 302(c), reflecting the court's stance on the necessity of strict evidential standards in honour-related crimes. This case highlights the ongoing challenges faced in addressing honour killings within the legal framework, advocating for a more humane and just legal approach towards victims of such crimes. The ruling reinforces the need for judicial awareness and societal reform regarding the treatment of women and the concept of honour in the legal context. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Mahmood,
Ahmed Khan Lashari
|
| Lawyers |
Javed Iqbal for Appellant (in Criminal Appeal NO.(S)101 and (Q)200 of 2000),
Haji Ghulam Mustafa Mengal, Asstt. A.G. for the State (in Criminal Appeals Nos.(S)101 and (Q)200 of 2000),
Haji Ghulam Mustafa, Asstt. A.G. for the State (in Murder Reference No.(S)12 of 2000),
Javed Iqbal for the Accused (in Murder Reference No.(S)12 of 2000)
|
| Petitioners |
Pehlwan and another
|
| Respondents |
The State and another
|
| Citations |
2001 SLD 2861,
2001 PLD 88
|
| Other Citations |
Faiz v. The State 1983 SCMR 76,
Sudan Khan v. Sher Khan PLD 1991 SC 520,
PLD 1983 SC 32,
Federation of Pakistan v. Gul Hassan PLD 1989 SC 633,
Abdul Haq v. State PLD 1996 SC 1,
Abdul Zahir v. State 2000 SCMR 406,
Muhammad Hanif's case 1992 SCMR 2047,
Ali Muhammad's case PLD 1996 SC 274,
Al-Qur'an, Surah Nut, XXIV, Verses 4 to 9,
Rasool Bakhsh v. The State 2000 SCMR 731,
PLD 2001 SC 96
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(a),
302(c),
308
|