MUHAMMAD RAMZAN vs MUHAMMAD SALEEM And Another
This petition for leave to appeal was filed by the complainant against a High Court judgment that reduced the respondent's sentence for murder from death to life imprisonment. The respondent had been convicted under Section 302 of the Pakistan Penal Code 1860 for the murder of the deceased. The High Court, while maintaining the conviction, mitigated the sentence based on the respondent's young age (approximately 16 years), the fact that only a single blow was inflicted, and the existence of a prior altercation between the parties. The petitioner challenged this reduction, arguing that there was no evidence on record to substantiate the respondent's age, that the single knife blow was delivered to a vital part of the body (the chest), and that the earlier altercation did not provide sufficient grounds for mitigation. The Supreme Court granted leave to appeal to determine whether the High Court was legally justified in reducing the sentence under the circumstances presented, specifically examining the validity of the mitigating factors relied upon by the lower court.
- Does a prior altercation between the parties constitute sufficient grounds for mitigating a sentence of death to life imprisonment in a murder case?
- Can a court reduce a sentence based on the offender's age if there is no evidence on the record to substantiate that age?
- Is the infliction of a single knife blow to a vital region of the body a relevant factor in determining whether to maintain a death sentence?
- Section 302, Pakistan Penal Code 1860
ORDER
M.S.H. QURAISHI, J.--This is a petition by Muhammad Ramzan, complainant in the case, against the judgment of the High Court, dated 22-9-1980 whereby on appeal by respondent Muhammad Saleem, the sentence of death awarded to him by the trial Court under section 302 for the murder of Muhammad Afzal (deceased) was reduced to one for imprisonment for life while maintaining the sentence of fine.
2. According to the prosecution, respondent Muhammad Saleem had committed the murder, on 28-4-1978 at 9 p.m. Near the Truck Stand at Chowk Mote Fiqa near Mandi Bahauddin. The deceased had later died in hospital. The motive was that the deceased had taken objection to the respondent's making indecent gestures while passing in front of his house and that this had led to an altercation between the two earlier the same day. The respondent, who was arrested on 30-4- 1978, led to the recovery of a knife P.3 on 5-5-1978. The ocular testimony was furnished by Muhammad Ramzan P.W. 8 the complainant and maternal uncle of the deceased, Muhammad Akhtar P.W. 9 and Muhammad Babar P.W.
10. They were supported by the evidence of recovery and of motive. The respondent's plea was of false involvement due to enmity.
3. Before the High Court the respondent's counsel did not contest the merits of the prosecution case but urged for mitigation of the sentence. The reasons which prevailed with the High Court for reducing the sentence were that the respondent was a lad of about 16 years of age; that he had inflicted only one blow and that the occurrence had been preceded by the incident of altercation in the morning.
4. Learned counsel contends that there is no evidence of the age of the respondent; that the knife blow, though solitary, had been inflicted on the vital region of the chest and that the morning incident was too far removed to provide mitigation. In these circumstances we allow the petition and grant leave to consider whether there was proper justification for the High Court for reducing the punishment of the respondent.