KHUSHI MUHAMMAD vs MUHAMMAD ASLAM and another
This matter arises from a petition filed by Khushi Muhammad seeking the enhancement of the respondent Muhammad Aslam's sentence from imprisonment for life to death, following concurrent findings of guilt by the trial court and the High Court under Section 302 of the Pakistan Penal Code. The core legal question concerns whether the sentence of life imprisonment awarded by the trial court and upheld by the High Court warrants enhancement to the capital sentence of death. The Supreme Court of Pakistan held that the High Court's decision to discharge its suo motu notice for sentence enhancement—based on the mitigating circumstance that the respondent had fired at the deceased upon the exhortations of his father and two elder brothers—was not an insubstantial ground. Consequently, the Supreme Court dismissed the petition for enhancement, affirming the sentence of imprisonment for life.
- Whether firing at a deceased upon the exhortation of co-accused constitutes a valid mitigating circumstance against the imposition of the death penalty?
- Can the Supreme Court enhance a sentence to death when the High Court has discharged a suo motu notice for enhancement based on judicial discretion?
- Section 302, Pakistan Penal Code
- Section 307, Pakistan Penal Code
- Section 34, Pakistan Penal Code
- Section 324, Pakistan Penal Code
- Section 323, Pakistan Penal Code
ORDER
' SAAD SAOOD JAN, J--Muhammad Aslam, respondent, together with his two brothers and father was tried by the Additional Sessions Judge at Bahawalnagar for offences falling under sections 302 and 307, read with section 34 of the Pakistan Penal Code for causing the death of his cousin Muhammad Anwar and making murderous assault upon his two other cousins, Khushi Muhammad and Asghar Ali. The learned Addidional Sessions Judge convicted the respondent alone under section 302, P.P.C. And sentenced him to suffer imprisonment for life. He was also convicted under section 324, P.P.C. For causing simple hurt to Asghar Ali. His brothers were convicted under section 323 read with section 34 of the Pakistan Penal Code. For these offences the respondent and his brothers were sentenced to suffer different terms of impr'sonment. His father was acquitted. The respondent filed an appeal from his conviction and sentence. The High Court dismissed his appeal.
Khushi Muhammad has filed this petition to seek enhancement of his sentence to death.
2. It may be mentioned that the High Court had issued a suo motu notice ! To Muhammad Aslam for enhancement of his sentence but after a full hearing discharged it. The reason which prevailed with the High Court in this, regard was A that Muhammad Aslam had fired at the deceased on the exhortations of his father and two elder brothers. This does not appear to be an insubstantial ground for not imposing the capital sentence. The petition is dimissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.