Pakistan Case Law
1987 SCMR 782

SEERAT HUSSAIN SHAH vs The STATE

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Citation1987 SCMR 782
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 382 of 1985 Criminal
Date1987-02-16
Judge(s)Aslam Riaz Hussain S. A. Nusrat 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.

This matter concerns a petition for leave to appeal filed by the petitioner, Seerat Hussain Shah, who was convicted and sentenced to death for the murder of Abdul Shakoor under Section 302 of the Pakistan Penal Code 1860. The petitioner's appeal against the conviction and sentence was previously dismissed by the High Court, which confirmed the death penalty. Before the Supreme Court, the petitioner's counsel did not challenge the conviction on its merits but specifically sought a reduction in the sentence. The core legal question before the Court was whether there existed any mitigating circumstances that would justify a reduction of the death sentence to life imprisonment. Upon hearing the arguments, the Supreme Court held that the petitioner failed to demonstrate any valid mitigating factors that would warrant a lesser sentence under the law. Consequently, the Court dismissed the petition, finding it devoid of merit. The judgment reaffirms the principle that in the absence of mitigating circumstances, the sentence imposed for the offence of murder under the Pakistan Penal Code 1860 remains undisturbed.

Questions settled in this judgment
  • Does the absence of mitigating circumstances justify the maintenance of a death sentence under Section 302 of the Pakistan Penal Code 1860?
  • Can a death sentence be reduced when the petitioner does not challenge the conviction on merits?
Laws & provisions referred
  • Section 302, Pakistan Penal Code 1860
criminal appealdeath sentencemitigating circumstancessentence reductionmurder convictionleave to appeal

ORDER

ASLAM RIAZ HUSSAIN, J.--Seerat Hussain Shah was tried, inter alia, for the murder of Abdul Shakoor and sentenced to death under section 302, P.P.C. His appeal was dismissed by the High Court vide the impugned judgment, dated 18-11-1984 and the death sentence was confirmed.

2. Hence the present petition for leave to appeal.

3. Learned counsel for the petitioner does not press the case on merits and only seeks reduction in sentence.

4.We have heard the learned counsel for the petitioner at length He has not been able to bring out any mitigating circumstance entitling, the petitioner to lesser sentence under section 302, P. P. C.

The petition is, therefore, dismissed as having no merit.

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