MUHAMMAD AMIN Versus State
This matter involves a criminal petition for leave to appeal filed by the petitioner, Muhammad Amin, challenging the quantum of the death sentence awarded by the trial court and confirmed by the High Court. The core legal question presented is whether the imposition of a capital sentence remains justified when one of the legal heirs of the deceased has entered into a compromise with the convict. The petitioner contends that the death penalty is disproportionate given this compromise and cites previous instances where the Supreme Court granted leave on identical grounds regarding the quantum of punishment. The Supreme Court, noting that the petition is pressed solely on the issue of sentencing, granted leave to appeal to examine the validity of the death sentence in light of the partial compromise. The Court held that the matter requires further consideration to determine if the mitigating factor of a compromise with a legal heir warrants a reduction in the sentence, thereby setting the stage for a review of the proportionality of the capital punishment in such circumstances.
- Is a death sentence justified when one of the legal heirs of the deceased has compromised with the convict?
- Can the Supreme Court grant leave to appeal solely on the question of the quantum of punishment in a capital case?
ORDER
RAJA FAYYAZ AHMED, J.--- Mr. Muhammad Zaman Bhatti, learned Advocate Supreme Court for the petitioner contends that capital sentence to the petitioner in the circumstances of the case was not justified for the reason that one of the legal heirs of the deceased had compromised with the petitioner. Further submits that on the identical proposition, leave has been granted by this Court in the unreported cases of Criminal Miscellaneous Application No.86 of 2007 in JP No.509 and Criminal Miscellaneous Application No.255 of 2007 in JP No. 100 of 2006 (Abdul Rasheed and another v. The State) only on the quantum of punishment. This Jail Petition is also pressed only on the quantum of punishment of death awarded to the petitioner.
2. Accordingly, leave in the instant matter is granted to consider the question as to whether death sentence awarded to the petitioner by the learned trial Court and confirmed by learned the High Court was justified in view of the compromise by one of the legal heirs of the deceased with the petitioner. Appeal be prepared on the same record, as only question of quantum of punishment is involved.
N.H.Q./M-47/SC Leave granted.