Legal Case Summary

Case Details
Case ID d5580f56-7eb3-4496-ae54-fd810e6f466e
Body View case body.
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