ABDULLAH Versus SHAUKAT
This petition for leave to appeal was filed by the complainant against a judgment of the Lahore High Court, which upheld the conviction of the respondent under Section 302 of the Pakistan Penal Code 1860 but reduced the sentence from death to life imprisonment. The core legal question was whether the High Court erred in reducing the sentence based on the grounds of provocation and the age of the accused. The Supreme Court held that while the High Court incorrectly identified the provocation (slaps received by the accused) as a mitigating factor—finding it to be self-sought by the accused—the reduction of the sentence was nonetheless justified based on the finding regarding the accused's age. The Court affirmed the High Court's factual determination that the accused was sixteen years old at the time of the occurrence. Consequently, the Supreme Court dismissed the petition, ruling that the exercise of judicial discretion in favor of the accused regarding the sentence was not against established legal principles, as the age factor provided a valid basis for the reduction.
- Can a self-sought provocation be considered a valid mitigating circumstance for the reduction of a death sentence?
- Is the factual determination of an accused's age by the High Court subject to interference by the Supreme Court if supported by material?
- Does the exercise of judicial discretion to reduce a sentence based on the age of the accused constitute a valid legal ground?
- Section 302, Pakistan Penal Code 1860
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.- -Leave to appeal has been sought by the complainant side in a murder case from judgment dated 20-12-1983 of the Lahore High Court; whereby while upholding the conviction of respondent No.1 under section 302, PPC his sentence was reduced from death to imprisonment for life and sentence of fine, was maintained.
2. The learned counsel for the petitioner has contended that out of the two grounds for reduction of sentence, the one relating to age is not based on any material before the High Court and the other relating to the motive was not available to the respondent.
3. According to the prosecution, two days before the occurrence which took place on 26-12-1975, the accused/ respondent had gone to the tube-well of Abdullah PW where the womenfolk of the complainant party were engaged in some work. As the accused was not enjoying good reputation, he was told by Muhammad Sharif deceased to desist from such a behaviour which would amount to insult to women. This resulted in exchange of hot words between the accused and the deceased whereupon the latter gave him 2/3 slaps. It was on account of this self-sought insult of slaps that the accused/ respondent avenged two days later by firing at Muhammad Sharif which resulted in his death.
4. After hearing the learned counsel. We agree that in the circumstances of this case, the so-called provocation by the deceased to the accused/ respondent by giving him few slaps was self-sought by the accused, therefore, it could not have been treated as a mitigating circumstance for reducing the sentence of death to imprisonment for life. However, in addition to this ground, the learned Judges of the High Court also came to a finding that at the time of the occurrence the age of the accused was sixteen years and that in discretion in the circumstances of the case, they thought that the lesser sentence would meet the ends of justice. In this behalf, for this reason the exercise of discretion in favour of the accused is not against any principle.
5. As to the argument of the learned counsel that the accused was seventeen years of age at the time of occurrence, we having gone through the material relied upon before us, do not agree with him. The finding in question of age by the High Court is unexceptionable.
6. In the light of the foregoing discussion as one of the grounds mentioned by the High Court for reduction of sentence was available to the respondent /accused, we do not consider it a fit case for grant of leave to appeal. This petition, therefore, is dismissed.
7. S.Q./A-146/S Petition dismissed.
Cited by 3 cases
- Wishal Masih vs The State etc. 2016 IHC
- WISHAL MASIH vs The STATE and others 2017 YLR 2031
- GHULAM MUSTAFA vs The STATE anothers 2014 YLR 2091