HASSAN DIN vs KHADIM HUSSAIN AND Other
The petitioner, father of the deceased, sought special leave to appeal against the judgment of the Lahore High Court, which had maintained the respondents' convictions under Section 302/34 of the Pakistan Penal Code 1860 but reduced their death sentence to imprisonment for life on the ground that the crime was committed to vindicate family honour. The core legal question was whether the High Court was justified in reducing the sentence of the respondents from death to imprisonment for life based on the motivation of family honour. The Supreme Court of Pakistan held that the High Court committed no violation of any principle of law in reducing the sentence, noting that the prosecution's own First Information Report established that the respondents suspected the deceased of having illicit connections with their sister. The Court laid down the principle that it does not interfere with a legal sentence where no principle of law has been violated and the reduction is based on mitigating circumstances such as the vindication of family honour.
- Whether the High Court is justified in reducing a death sentence to imprisonment for life when the crime is committed for the vindication of family honour?
- Does the Supreme Court interfere with a legal sentence passed by the High Court when no principle of law has been violated?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
1. HAMOODUR RAHMAN, C. J.-The two respondents in this case were tried and sentenced to death under section 302/34, P. P. C. By the learned Sessions Judge of Gujrat for the murder of their co- villager, Muhammad Ilyas.
2. On appeal and reference a Division Bench of the Lahore High Court maintained their convictions but reduced the sentence "as the appellants committed the crime because their family honour was involved". The death sentence was not confirmed but reduced to imprisonment for life.
3. The father of the deceased has now come up for the special leave to appeal, against the said order and he wants the sentence to be enhanced. Learned counsel appearing in support of this petition has contended that this was a premeditated and deliberate murder and, therefore, there was no justification for the reduction of the sentence. It is to be pointed out in this connection that in the First Information Report itself it was stated that the reason for the enmity was that the respondents suspected the deceased, Muhammad Ilyas, of having developed illicit connections with their sister, Mst. Rashid Begum. If this be so then it appears to us that the High Court was right in reducing the sentence as the motivation for the crime was, as stated by the prosecution itself, the vindication of family honour.
4. In the circumstances we do not consider that the High Court has violated any principle of law in reducing the sentence. The sentence is otherwise a legal sentence and this Court does not interfere with a legal sentence.
5. This petition is, accordingly, dismissed.