JAMIL AHMAD and another vs THE STATE
These criminal petitions arise out of a judgment of the Lahore High Court dated 15-12-1987, involving an appeal for the enhancement of a sentence of imprisonment for life awarded to Jamil Ahmad, and a cross-petition by the convict challenging his conviction and sentence for the murder of Hamad Raza, committed on 13-11-1983 due to a motive of suspicion regarding illicit relations. The core legal question was whether the concurrent findings of the lower courts warranted interference for either enhancing the sentence or setting aside the conviction. The Supreme Court held that no case was made out for enhancement, noting mitigating factors such as the accused's youth and the motive, and declined to re-appraise the evidence as it was properly evaluated by the High Court. The Court laid down the principle that the Supreme Court will not normally re-appraise evidence concurrent findings of guilt are properly arrived at by the High Court, and that youth and motive of suspicion can constitute mitigating circumstances against the death penalty.
- Whether the Supreme Court will re-appraise evidence concurrent findings of guilt have been properly recorded by the High Court?
- Can youth of the accused and suspicion serving as motive operate as mitigating circumstances to warrant withholding the death penalty?
- Under what circumstances will the Supreme Court interfere with concurrent sentences of imprisonment for life?
1. ' GHULAM MUJADDID, J.---The entitled two petitions have been filed by Abdul Ghafoor and Jamil Ahmad respectively. These are against the judgment of the Lahore High Court dated 15-12-1987.
2. The former is for enhancement of sentence of Jamil Ahmad who was awarded imprisonment for life plus fine of Rs,20,000 by the trial Court and the High Court on appeal upheld the same. The latter is by the convict (Jamil Ahmad) against his conviction and sentence.
3. ' The incident which led to the registration of criminal case against Jamil Ahmad took place on 13- 11-1983 at 10.30 a.m. In the house of Abdul Ghafoor. The deceased was Hamad Raza son of Abdul Ghafoor.
4. ' The murder was committed because the deceased was suspected to have illicit relations with the paternal aunt of accused Jamil Ahmad.
5. The High Court gave reasons while maintaining the conviction and sentence of imprisonment of life awarded by the trial Court. Those were the age of the accused he being less than seventeen at the time of occurrence and the other, suspicion in the mind of the accused which was the motive for the murder. We, therefore, don't think any case is made out for enhancement of sentence.
6. ' So far as the other petition is concerned, the High Court after discussing and taking into consideration the entire evidence found that the case against the convict/petitioner had been proved beyond doubt. The version given by the accused-petitioner about the incident was not accepted either by the trial Court or by the High Court. We are not prepared to re-appraise the evidence because that has been properly done by the High Court. There is no merit in this petition as well.
7. ' The result is that leave is declined in both the petitions which are hereby dismissed. Leave declined.