Pakistan Case Law
1988 SCMR 1068

STATE Versus GULZAR MASIH

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Citation1988 SCMR 1068
CourtSupreme Court of Pakistan
Case No.Petition for Leave to Appeal No.369 of 1987
Date1988-03-30
Judge(s)Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan
Authored byAslam Riaz Hussain
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The State filed a petition for leave to appeal against a judgment of the Lahore High Court, which had reduced the respondent's sentence from death to imprisonment for life in a murder case. The core legal question before the Supreme Court was whether the High Court's decision to reduce the sentence was justified given the circumstances of the case. The Supreme Court examined the impugned judgment and heard arguments regarding the enhancement of the sentence. The Court held that the High Court's decision was correct, finding that the circumstances involving family honour warranted a lesser sentence than the death penalty under the relevant penal provisions. Consequently, the Supreme Court dismissed the State's petition for lack of merit, affirming the reduction of the sentence. The principle laid down is that matters involving family honour may constitute mitigating circumstances justifying a reduction in sentence from death to life imprisonment in homicide cases.

Questions settled in this judgment
  • Can a sentence of death be reduced to imprisonment for life in cases involving family honour?
  • Is the reduction of a death sentence to life imprisonment justified when family honour is a mitigating factor?
Laws & provisions referred
  • Section 302, Pakistan Penal Code 1860
sentence reductiondeath penaltyfamily honourmitigating circumstancescriminal appealenhancement of sentence

ORDER

1. ASLAM RIAZ HUSSAIN, J .‑‑The State has filed this petition against the judgment of the Lahore High Court, Lahore, dated 29th September, 1987 whereby the High Court had reduced the sentence of the respondent from death to imprisonment for life.

2. We have gone through the impugned judgment and heard learned counsel for the petitioner on the question of enhancement of sentence. We are in respectful agreement with the view taken by the High Court that in the circumstances of this case where a question of family honour was involved, the respondent deserved lesser sentence under section 302, P.P.C. The petition is, therefore, dismissed as having no merit.

3. S.Q/S‑131/S Petition dismissed.

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