Man Who Killed Wife By Setting Her Ablaze Escapes Death Penalty Due To Dependant Children

2 mins read

A model court on 21-April-2025 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.”

Published in News Daily on 22-April-2025.

Previous Story

Suspect Held In Girl’s Rape, Murder Case Killed By Accomplices: Police

Next Story

BISE Peshawar Cracks Down On Cheating

Latest from Blog

Federal Constitutional Court moved for ban on social media use by kids under 16

LAHORE: A petition has been filed before the Federal Constitutional Court (FCC), seeking directions to shield children under 16 from unrestricted social media use and indecent content on television and other platforms. Two lawyers, Sheraz Zaka and Moin Akhtar, filed the petition at the Lahore registry, with the former identifying…

Four Doctors Suspended in Sindh after String of Rabies Deaths within Three Weeks

HYDERABAD: Four doctors, a dispenser, a lady health visitor (LHV) and a midwife have been suspended, while explanation letters have been issued to seven hospital heads — including the medical superintendents of Liaquat University Hospital (LUH), Hyderabad, and Tando Allahyar district hospital, as well as the director of the Shahdadpur…

Vaccination of 100pc Children against Polio in KP still Big Challenge

PESHAWAR: Emergency Operation Centre Khyber Pakhtunkhwa has planned to accord priority to high-risk districts in the upcoming nationwide polio vaccination campaign due to consistent emergence of positive environmental samples from Peshawar which is frequented by people from those areas. Some districts bordering Peshawar may not have polio cases or positive…

Dengue Cases in Pakistan Rose by Over 3,000pc in 11 Years: Study

• Sindh saw highest disease burden in 2022, AKU research finds • Cases grew from 100,000 in 2012 to 3.28m in 2022 • Lead author Dr Zarmeen says dengue is no longer just a seasonal threat KARACHI: Pakistan saw over 3,000 per cent increase in dengue cases from 2012 to…

Teen Gang-raped on Pretext of TikTok account Promotion in Sahiwal

SAHIWAL: A 16-year-old TikToker boy was allegedly gang-raped by four men after being forced to consume drug at Chak 90/9-L, tehsil Sahiwal. According to police, the victim had lost his father years ago and was living with his widowed mother. Fond of using his mobile phone, he regularly uploaded videos…
Go toTop