BASHIR MUHAMMAD vs KHAN SAFDAR AND ANOTHER
This matter originated as a petition for special leave to appeal filed by the first informant, Bashir Muhammad, seeking the enhancement of a sentence imposed on the respondent, Khan Safdar. The respondent had been convicted by the Sessions Judge for the murder of the petitioner's brother under Section 302/34 of the Pakistan Penal Code 1860, receiving a death sentence and a fine. On appeal, the Peshawar High Court maintained the conviction but commuted the death sentence to imprisonment for life, citing mitigating circumstances including the respondent's tender age, the sudden nature of the occurrence, and the existence of a prior grievance regarding the respondent's expulsion from a colony. The Supreme Court of Pakistan examined whether the High Court's reduction of the sentence was legally justified. The Supreme Court held that the High Court's reasoning was sound and in accordance with established legal principles regarding sentencing discretion in cases involving sudden provocation and mitigating factors. Consequently, the Supreme Court dismissed the petition, finding no merit in the request for sentence enhancement.
- Can the Supreme Court interfere with a High Court's decision to commute a death sentence when mitigating circumstances are present?
- Does the existence of a sudden occurrence and the offender's age constitute valid grounds for reducing a death sentence to life imprisonment?
- Is the maximum term of imprisonment in default of payment of compensation under Section 544-A of the Code of Criminal Procedure 1898 limited to six months?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
ORDER
' KARAM ELAHEE CHAUHAN, J.-Khan Safdar (hereinafter called the accused) was tried for the murder of Nazir Ahmad, brother of the present petitioner Bashir Ahmad (first informant) and having been found guilty was convicted by the learned Sessions Judge, Hazara, at Abbottabad, by his judgment dated 27-7-1977, under section 302/34, P. P. C. And was sentenced to death and a fine of Rs, 2,000 under section 544-A, Cr. P. C. To be paid to the heirs of the deceased, or in default to a rigorous imprisonment for 1 year.
2. The accused filed an appeal being Criminal Appeal No, 26 of 1977, which was dismissed by a learned Division Bench of the Peshawar High Court on 16-1-1978 with this modification that the sentence of death was commuted to imprisonment for life, and sentence in lieu of fine was reduced to 6 months' rigorous imprisonment.
3. The first informant has come up in a. Petition for special leave to appeal against the same to this Court, with a prayer for enhancement of the sentence of the respondent to death, and also for increase in the cash compensation.
4. The facts of the case, so far as the point involved before us is concerned, are few and simple. The accused had a fancy for and some attachment or love towards the deceased, but the same was not responded, and rather taking it ill the father of the deceased got the accused expelled from the T. I. P. Colony where he was putting up. The High Court held that it was a sudden occurrence where the accused and the deceased met per chance ; the accused gave only one blow ; there was some exchange of abuses and in the background there was the insult which the accused was harbouring for having been expelled from the aforesaid Colony and that in all these circumstances the maximum penalty of death was not called for. The following passage from para. 10 of the judgment of the High Court is self-explanatory and is reproduced below :- "Para.
10. -As far the quantum of sentence of the accused appellant is concerned, we think it needs interference by this Court. The accused-appellant and the deceased are more or less of same age.
From the evidence which has been relied upon by the prosecution one gathers that the accused- appellant had some amorous attachment with the deceased and this had been going on for quite sometime. The parents of the deceased had resented this affair with the result that the father of the deceased had succeeded in expelling the accused-appellant from the T. I. P. Colony. The accused-appellant must have felt slighted and on the day of occurrence when they confronted each other the accused must have protested and complained to the deceased which led to the exchange of abuses which ultimately resulted in stabbing by the accused. There being only stab injury on the person of the deceased and the accused being of tender age, mitigating circumstances therefore, do exist for reducing the sentence of death to that of imprisonment for life which is hereby done. Since under section 544-A, Cr. P. C. The maximum imprisonment in default of the payment of fine is six months, therefore, imprisonment of one year in default of the payment of compensation awarded by the learned Sessions Judge is also hereby reduced to six months."
5. The reasons given by the High Court are quite sound and in accordance with the law relevant on the subject in cases of this type and warrant no interference by this Court.
6. The result is that this petition has no merit and is dismissed. Petition Asinissed.