SULTAN ALI vs THE STATE
This matter concerns a petition for leave to appeal against the refusal of the High Court to grant the benefit of Section 382-B of the Code of Criminal Procedure 1898 to the petitioner, who had been convicted of murder. The petitioner, originally sentenced to death by the trial court, had his sentence commuted to imprisonment for life by the High Court on the grounds that the offense was committed to protect family honor, as the victim was suspected of having illicit relations with the petitioner's wife. The core legal question was whether the petitioner was entitled to the benefit of Section 382-B, which mandates the consideration of the period of detention served during the trial. The Supreme Court, upon hearing the parties and noting that the prosecution's own case supported the motive of family honor, held that the benefit of Section 382-B is mandatory unless specific reasons are recorded for its denial. Consequently, the Court converted the petition into an appeal, accepted it, and directed that the petitioner be granted the benefit of Section 382-B, Cr.P.C.
- Is the grant of the benefit of Section 382-B of the Code of Criminal Procedure 1898 mandatory for a convict?
- Can the benefit of Section 382-B of the Code of Criminal Procedure 1898 be denied without recording specific reasons?
- Section 382-B, Code of Criminal Procedure 1898
' RASHID AZIZ KHAN, J.---Facts in brief are that petitioner was tried for murder of Ghulam Akbar and sentenced to death by trial Court. On appeal, death sentence was not confirmed and was altered to imprisonment for life and appeal was dismissed. Petitioner applied to the appellate Bench for grant of benefit of section 382-B, Cr.P.C. But the same was refused. In the present petition he seeks the same relief. Learned A.A.-G., present in the Court was asked to assist. She has cited a number of judgments on the point that grant of benefit of section 382-B, Cr.P.C. Is mandatory unless reasons are recorded otherwise.
2. We have heard both the sides at length and have noticed that petitioner had committed murder of Ghulam Akbar because petitioner suspected Ghulam Akbar of having illicit relations with his wife. Learned Division Bench of Lahore High Court had altered the death sentence to imprisonment for life by holding that family honour was involved. Prosecution case was also to the effect that petitioner suspected Ghulam Akbar of having illicit relations with his wife and prior to the incident he had forbidden him for visiting his father-in-law's house.
3. In view of peculiar situation; we convert this petition into appeal and accept the same and direct that petitioner shall be given benefit of section 382-B, Cr.P.C. Petition is allowed. 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.