NAZIR vs THE STATE
This petition for leave to appeal arose from a criminal conviction for murder and murderous assault. The petitioner, Nazir, along with his father and brother-in-law, was tried for the murder of Mst. Fatima and the assault on Mst. Maqsoodan. While the trial court convicted the petitioner and his father under sections 302/34 and 307/34 of the Pakistan Penal Code 1860, the High Court subsequently acquitted the father but upheld the conviction of the petitioner. Before the Supreme Court, the petitioner's counsel did not challenge the conviction on its merits but sought a reduction in the sentence. The core legal question was whether there existed any mitigating circumstances or material to justify a reduction of the sentence imposed by the lower courts. The Supreme Court held that as the petitioner's counsel failed to provide any material or grounds to support the prayer for sentence reduction, the petition must be dismissed. The judgment affirms the principle that in the absence of mitigating evidence or legal justification, the appellate court will not interfere with a sentence imposed by the trial court and upheld by the High Court.
- Can a sentence be reduced on appeal if no material or mitigating circumstances are presented to the court?
- Does the failure to challenge a conviction on merits preclude a request for sentence reduction?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the judgment of a learned Division Bench of the Lahore High Court, dated 3-3-1985.
2. Nazir petitioner alongwith his father Barkat and Nadir, his brother-in-law, residents of Wan Adan, Tehsil Chunian, District Kasur, were tried by the learned Additional Sessions Judge, Kasur, for having committed the murder of Mst. Fatima and murderous assault on her daughter Mst. Maqsoodan.
Nadir was acquitted of the charge whereas Nazir petitioner and his father were convicted, on 9- 41981, under section 302/34, P.P.C. And were sentenced to death and a fine of Rs,1,000 each or in default to one year's R.I. They were further convicted under section 307/34, P.P.C. And sentenced to ten years' R.I. And a fine of Rs,1,000 or in default to one year's R.I. Each. Both the convicts filed appeal against their conviction and sentence in the High Court. The appeal was partly accepted by the learned Judges of the High Court vide their impugned order in that Barkat was acquitted of both the offences whereas the appeal of the petitioner was dismissed.
3. The occurrence in this case took place on 18-3-1977 at 5-30 p.m. On the thoroughfare of the village, the report of which was lodged by Muhammad Yaqub (P.W.12). The motive as given is that 8/9 months prior to the occurrence the Nikah of Mst. Maqsoodan (P.W.13) was performed with Nazir petitioner and in exchange Mst. Sharifan, sister of the petitioner, was given in marriage to Hakim Ali maternal-uncle of Mst. Maqsoodan but rukhsti in both the cases had not taken place.
Subsequently the relations of the parties became strained and about five months before the occurrence both the girls were divorced by their husbands. It is alleged that the petitioner bore a grudge on this account which led to the present occurrence.
4. The learned counsel for the petitioner did not challenge the conviction of his client on merits but has prayed for reduction in his sentence. The learned counsel for the petitioner was repeatedly asked by this Court to place some material before it in support of his prayer for reduction in sentence but he has failed to do so and rightly too because there exists none. We are thus left with no alternative but to dismiss this petition.