| Case ID |
d5580f56-7eb3-4496-ae54-fd810e6f466e |
| Body |
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| Case Number |
Criminal Appeal No. 2-D of 2012 |
| Decision Date |
Jun 05, 2013 |
| Hearing Date |
|
| Decision |
The court acquitted the convict/appellant Aurangzeb of the charges against him, stating that the case was one of no evidence. The conviction and three-year sentence under section 302(c) of the Pakistan Penal Code were overturned. The court acknowledged that the incident was triggered by grave and sudden provocation, as the appellant found the deceased in a compromising situation with his wife. The court determined that the act was not premeditated and constituted a defense of honor, leading to the acquittal of the appellant. |
| Summary |
In the case of Aurangzeb vs. The STATE, the Peshawar High Court delivered a significant ruling concerning the application of sections 302 and 299 of the Pakistan Penal Code regarding the concept of honor killing and grave provocation. The accused, Aurangzeb, was convicted initially for killing Abdul Qayyum after finding him in an objectionable condition with his wife. However, the appeal highlighted the mitigating factors of sudden provocation and the defense of honor. The court concluded that the evidence did not support a conviction under section 302(c) as the act was not premeditated and was committed in a moment of emotional distress. This ruling is vital in understanding the legal interpretations surrounding honor-related offenses and the nuances of provocation in criminal law, making it a critical reference for future cases. Keywords such as 'honor killing', 'grave provocation', and 'Pakistan Penal Code' are essential for legal professionals and scholars studying the implications of this ruling. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL LATIF KHAN,
LAL, JAN KHATTAK, JJ
|
| Lawyers |
Rab Nawaz Anwar,
Jehanzeb Ahmad Chughtai,
Saifur Rehman Khan
|
| Petitioners |
Aurangzeb
|
| Respondents |
The STATE,
others
|
| Citations |
2015 SLD 744,
2015 YLR 912
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(a),
302(b),
302(c),
299
|