SABIR HUSSAIN alias SABRI vs THE STATE
This petition for leave to appeal arises from the judgment of the High Court affirming the petitioner's conviction and sentence of death for the murder of Salah-ud-Din and for causing injuries to a prosecution witness under Section 302 of the Pakistan Penal Code 1860, along with a related firearm charge. The core legal question before the Supreme Court is whether the sentence of death is too harsh and inappropriate given the facts and circumstances of the case, including the night-time occurrence, negative Forensic Science Laboratory reports regarding recovered empties, and the alleged weak motive. The Court granted leave to appeal specifically to examine the appropriateness of the death sentence. The key principle laid down is that the Supreme Court will examine mitigating circumstances and the proportionality of capital punishment in criminal matters where ocular account and material corroboration present arguable points.
- Whether in the peculiar facts and circumstances of the case, the sentence of death is too harsh and inappropriate?
- Does a weak motive and negative forensic report regarding recovered empties warrant a reduction of sentence in a murder case?
- Section 302, Pakistan Penal Code 1860
' TASSADUQ HUSSAIN JILLANI, J.---The petitioner, Sabir Hussain alias Sabri, was convicted for murder of Salah-ud-Din and for causing injuries to Saeed Ahmed P.W.3 with .222 rifle at 6 p.m. On 7-6-2001 regarding which F.I.R. No, 82 of 2001 was registered at 7-30 p.m. The motive alleged was that the petitioner had a grouse against Salah-ud-Din; that the latter had forbidden husband of sister of accused petitioner Shabbir not to divorce the petitioner's sister Mst. Sajida Bibi. The findings of the conviction of learned trial Court dated 20-1-2003 stand affirmed by the learned High Court vide impugned judgment dated 24-11-2001.
2. Learned counsel for the petitioner seeks leave on the ground that it was a night time occurrence, not witnessed by anyone and that the report of Forensic Science Laboratory qua the empties recovered from the spot was negative and that the motive alleged was too weak to prompt the murder of Salah-ud-Din. If the alleged motive is believed, then the real target should have been Shabbir Hussain.
3. Having heard learned counsel for the petitioner at some length and having gone through the impugned judgment, leave is granted, inter alia, to consider that whether in the peculiar facts and circumstances of the case, the sentence of death is too harsh and inappropriate. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.