Sitting Panel: Sh. Riaz Ahmed, Rana Bhagwandas and Mian Muhammad Ajmal, JJ

Summary:

This case involves an appeal by Muhammad Akram Khan against the judgment of the Lahore High Court, which confirmed his death sentence for the murder of Niaz Muhammad. The prosecution alleged that the appellant, armed with a rifle, shot and killed Niaz Muhammad. The motive initially presented by the prosecution was related to a previous attempt on the life of Muhammad Sadiq, a cousin of the complainant. However, the appellant’s defense was that he acted under the impulse of “Ghairat” (honor) due to the deceased being seen talking to his sister in a field, which he suspected was linked to a past affair with Muhammad Sadiq. He claimed this constituted grave and sudden provocation.

The Supreme Court dismissed the appeal, upholding the conviction and death sentence. The Court thoroughly examined both the prosecution and defense versions. It found the prosecution’s evidence reliable, despite the witnesses being related to the deceased, as they had no motive to falsely implicate the appellant. Crucially, the Court rejected the “Ghairat” plea as a mitigating circumstance, stating unequivocally that “honour killing” is a violation of fundamental rights enshrined in the Constitution (Articles 8(1) and 9) and amounts to “Qatl-i-Amd” (willful murder) simpliciter. The Court also noted that the defense’s claim of the incident occurring in a field was contradicted by evidence showing it took place on a metalled road. The Court concluded that the prosecution had proved its case beyond a reasonable doubt, and the High Court’s well-reasoned judgment was unexceptionable.

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