Pakistan Case LawMUHAMMAD YASEEN Versus THE STATE
The petitioner filed a petition for leave to appeal against the judgment of the Lahore High Court confirming his conviction under Section 304 (Part I) of the Pakistan Penal Code 1860 and the sentence of imprisonment for life. The core legal question was whether the trial court was justified in awarding the maximum sentence of life imprisonment instead of ten years' rigorous imprisonment or a lesser period under Section 304 (Part I) after holding that the case did not fall under Section 302. The Supreme Court declined to grant leave on the merits of the case, but granted leave to consider the quantum of sentence awarded under Section 304 (Part I) of the Pakistan Penal Code 1860. The key principle laid down is that the Supreme Court may examine the appropriateness of awarding the maximum sentence of life imprisonment under Section 304 (Part I) of the Pakistan Penal Code 1860 in the circumstances of a given case.
- Whether the trial court is justified in awarding the maximum sentence of life imprisonment under Section 304 (Part I) of the Pakistan Penal Code 1860 instead of a lesser term?
- Can leave to appeal be granted solely to consider the quantum of sentence while declining it on the merits of the conviction?
ORDER
AJMAL MIAN, J.---The petitioner stands convicted under section 304 (Part I), P.P.C., as recorded by Additional Sessions Judge, Faisalabad, and has been awarded sentence of imprisonment for life besides imposition of fine and direction for payment of compensation to the legal heirs of the deceased and which conviction and sentence have been confirmed by the learned Single Judge of the Lahore High Court. The petitioner has, therefore, filed present petition for leave to appeal.
2.In support of the above petition we have heard Choudhry Muhammad Ashraf Wahla, learned Advocate Supreme Court for the petitioner. We are not inclined to grant leave on the merits of the case but we are inclined to grant leave to consider whether in the circumstances of the present case, the learned Additional Sessions Judge was justified to award maximum sentence of life imprisonment instead of ten years' R.I. Or for a lesser period after having held that the petitioner's case was covered by section 304 (Part I) P.P.C. And not under section 302, P.P.C. Leave is accordingly granted.
Judges on this bench
- Ajmal Mian2,984 judgments
- Wali Muhammad Khan585 judgments