A model court on Monday sentenced a man to 12 years in prison for murdering his wife by dousing her with petrol and setting her ablaze after an argument over her missing earring six years ago.
Additional Sessions Judge Ameeruddin of the Model Criminal Trial Court (West) observed that the prosecution conclusively proved the charge of murder against the accused, Mehtab Ali, beyond any reasonable doubt.
“The involvement of Mehtab in the commission of this brutal, inhuman, and heinous offense is unequivocally established through reliable, trustworthy and corroborative evidence,” he said. The judge noted that in cases of this nature where the guilt was fully established through evidence as defined under the Section 304 of the Pakistan Penal Code (PPC), the accused was liable to be punished with death as Qisas under the Section 302(a) of the PPC.
However, he added the punishment of Qisas could not be enforced in the present case as the victim’s four children, including two daughters and two sons, were the direct descendants of the accused, and therefore, they fell within the category of wali (heirs) under the Section 306(c) of the PPC.
“As per this provision, Qatl-i-Amd [intention murder] is not liable to Qisas if any wali of the victim is a direct descendant of the offender, how low-so-ever. Consequently, the punishment that can be awarded in this instance is Ta’zir,” the judge explained.
In the light of the mitigating factor of the convict’s relationship with the victim’s children, the court sentenced him to 12 years of rigorous imprisonment as Ta’zir. It ordered the convict Mehtab to pay diyat as per the prevailing Nisab rate.
“Considering his socio-economic hardship, he is granted the concession of settling the Diyat over five years in monthly installments, with the condition that he consistently pays Rs5,000 per month to the victim’s Wali(s) without default,” the judge said.
He noted that the incident, as proved, involved the accused intentionally pouring petrol over the deceased and setting her ablaze — an act manifesting exceptional cruelty and depravity, adding that the Section 308(2) of the PPC empowered the court to impose, in addition to diyat, a term of imprisonment extending up to 25 years as Ta’zir.
“While this upper limit provides discretion, such discretion must be guided by a careful evaluation of both aggravating and mitigating circumstances. In this case, the aggravating factor includes the heinous and premeditated nature of the offence, which inflicted not only physical but psychological torment upon the victim,” the judge said.
“On the other hand, the presence of four minor children, who are not only direct descendants but also dependent on the convict, stands as a mitigating factor.
“Balancing these considerations, and mindful of the broader interests of justice and rehabilitation, a sentence of twelve (12) years’ rigorous imprisonment is deemed proportionate. This term appropriately reflects the seriousness of the offence without disregarding the welfare of the children, thereby ensuring a reasoned and humane application of judicial discretion.”
The court extended the benefit of the Section 382-B of the Code of Criminal Procedure to the convict, meaning that the time spent behind the bars since his arrest would be counted towards his prison term.
According to the prosecution, an FIR was lodged at the Mominabad police station on the complaint of the victim, Razia, who stated that on July 18, 2019, her husband Mehtab, who was also her maternal cousin, and her maternal uncle Zulfiqar Ali, poured petrol on her and set her ablaze after a heated exchange of words over a missing earring. She said that she was subsequently shifted to the Civil Hospital, Karachi, where her statement was recorded.
The prosecution said that during the course of treatment, the woman succumbed to her burn injuries. In his statement, the accused denied the prosecution’s charges and claimed innocence. His father Zulfiqar passed away during the trial proceedings.
In his written order, the judge further noted: “The use of fire as a weapon inflicts not only painful physical agony but also profound psychological trauma, often resulting in death or lifelong suffering.
“This case serves as a stark reminder of the urgent need to address and eradicate such gender-based violence, highlighting the critical role of the judiciary in delivering justice and deterring future atrocities through stringent legal consequences.”
Source: The News
