31 July 2004	Saturday	13 Jamadi-us-Saani 1425

PESHAWAR, July 30: The Peshawar High Court on Friday admitted to full hearing a revision petition filed against awarding nominal sentence to a convict in a triple murder case by a Qazi Court.

Mian Said Murad, convicted for killing his wife, daughter and a relative, was sentenced to three years' rigorous imprisonment by the Zila Qazi in Shangla district. A single bench of the high court comprising Justice Tariq Pervez ordered that the case should be fixed before a two-member bench as the maximum sentence in this case was death penalty, therefore it could not be heard by a single bench.

The convict, who had remained abroad, was suspecting that his wife had developed illicit relations with one of his close relatives during his absence. Last year he opened fire on his wife at his residence, which resulted in the death of his daughter, wife and a male relative.

The complainant in the case was Mian Sadiq Jan, brother-in-law of the convict. The accused was tried by the Zila Qazi, who ruled that it was a case of grave and sudden provocation as the accused after seeing his male relative in his residence was provoked to kill the three persons.

The convict filed an appeal before the Peshawar High Court, requesting the court to acquit him. During the last hearing the state prosecutor pointed out that the trial court had erred in awarding nominal sentence to the appellant.

He pointed out that the appellant had confessed that when he entered his residence he saw his wife, daughter and a relative sitting in the courtyard. The counsel stated that it was not a case of grave and sudden provocation as the deceased were not in an objectionable position.

He added that there was no mention of grave and sudden provocation in the law, and the appellant deserved to be awarded the maximum punishment. The court decided to refer the case to a two-member bench as in case of enhancement of the sentence the appellant might be sentenced to death.