Pakistan Case LawSHER ZAMAN Versus MUHAMMAD IRSHAD and another
This matter arises from a petition for leave to appeal directed against the judgment of the Lahore High Court dated 8-11-1993, whereby the High Court maintained the conviction of respondent No. 1 under Section 302 of the Pakistan Penal Code 1860 but altered the sentence of death to life imprisonment with the benefit of Section 382-B of the Code of Criminal Procedure 1898. The core legal question concerns whether the circumstances considered by the High Court—namely, that the murder stemmed from a blood feud involving family honour and that the convict did not repeat the fire or attack the complainant—constituted valid mitigating circumstances to warrant the reduction of the death sentence to life imprisonment. The Supreme Court granted leave to appeal to examine whether the aforementioned circumstances legally amounted to mitigating circumstances justifying the commutation of the death penalty. The key principle laid down is that the adequacy of mitigating circumstances for reducing a sentence of death to life imprisonment requires detailed examination by the apex court.
- Whether the involvement of family honour and a blood feud can constitute mitigating circumstances for reducing a death sentence to life imprisonment?
- Does the failure to repeat a firearm injury amount to a mitigating circumstance in a murder case?
- Whether the alteration of a death sentence to life imprisonment by the High Court is sustainable in law under the given circumstances?
ORDER
SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of Lahore High Court dated 8-11-1993, whereby, the learned High Court while maintaining the conviction of the respondent No,1 under section 302, P.P.C. Did not confirm the death sentence awarded by the trial Court and altered the same to life imprisonment with benefit of provision of section 382-B, Cr.P.C.
Respondent No, 1 was tried for committing murder of one Fazal-urRehman on 12-3-1988 by the Additional Sessions Judge, Attock. He was convicted under section 302, P.P.C. And sentenced to death. On appeal the learned Judges of the High Court while maintaining the conviction of respondent No,1 altered the death sentence to life imprisonment on the following consideration:--
"14. Coming to the question of quantum of sentence, we are impressed with the submission of the learned counsel that the murder in question was not the result only of a blood fued between the parties but the same also involved the honour of the appellant party because of the appellant's sister being involved at the route of the trouble that had commenced between the two sides. We have also taken note of the trouble that had commenced between the to sides. We have also taken note of the fact that the appellant had neither repeated the fire at Fazal-ur-Rehman deceased nor, having injured the deceased, he had taken any steps to launch any assault on Sher Afzal complainant who was also the one who had attacked the appellant in the occurrence which is the motive for the present murder."
The learned counsel for the petitioner contends that there were no mitigating circumstances in the case for reducing death sentence awarded by the trial Court and as such alteration of the sentence of respondent No,1 from death to life imprisonment by the High Court is not sustainable in law. The contention requires examination and we, accordingly, grant leave to appeal to consider, whether the circumstances taken into consideration by the High Court in reducing death sentence of respondent No,1 amounted to mitigating circumstances in the case.
Judges on this bench
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- Wali Muhammad Khan585 judgments