ABDUL RASHID vs BASHIR alias BUSHRI and another
This petition for leave to appeal challenged a judgment of the Lahore High Court, which had commuted a death sentence to life imprisonment for the respondent, Bashir alias Bushri, in a murder case. The High Court had reduced the sentence based on mitigating circumstances, specifically the respondent's perception of family honor following the abduction of his niece, Mst. Fakhra, by one Rafique, and the fact that the respondent fired only a single shot. The petitioner contended that the mitigating factor of family honor was irrelevant because the victim, Abdul Waheed, was not the person who abducted the niece. The Supreme Court observed that the petition was time-barred by 53 days without sufficient grounds for condonation. Furthermore, the Court held that the deceased had played a significant role in the plight of the abductee, Mst. Fakhra, and that the High Court's decision to award a lesser sentence was based on sound judicial principles. Consequently, the Supreme Court dismissed the petition, affirming the High Court's exercise of discretion in sentencing.
- Can a sentence of death be commuted to life imprisonment based on mitigating circumstances related to family honor?
- Is a petition for leave to appeal maintainable if it is filed with a significant delay without valid grounds for condonation?
- Does the appellate court have the discretion to reduce a sentence if the accused fired only a single shot?
ORDER
' QAZI MUHAMMAD FAROOQ, J.---This petition for leave to appeal has arisen from the judgment dated 24-7-2001 of a learned Division Bench of the Lahore High Court in Criminal Appeal No, 163 of 1998 whereby the sentence of death awarded to the respondent Bashir alias .Bushri in a murder case was altered to imprisonment for life.
2. A lenient view in the matter of sentence was taken by the learned Judges in, the High Court for the following reasons:-- ' "The very important factor which is present in this case is that the suit for dissolution of marriage was decreed in favour of Mst. Fakhra on 31-1-1994 she was present in her house and was abducted by Rafique on 2-4-1994, it was a matter of family honour and disgrace to the appellant, who was closely related to Mst. Fakhra, he was also perusing her cases, he was a witness in the abduction case of Mst. Fakhra, in our considered view, he feeling hurt by the abduction of Mst. Fakhra, who was her real niece, committed this murder. There is difference of three days in registration of case of abduction and the present occurrence. The appellant fired only one shot, did not repeat the same, we think these two facts are sufficient for reducing the sentence of the appellant and we treat the same as a mitigating circumstance in favour of the appellant."
3. The grievance of the petitioner is that the mitigating circumstance of family honour would have been available in the event of murder of Rafique but had no nexus with the murder of Abdul Waheed.
4. The petition is barred by 53 days and no valid ground for condonation of delay is contained in the application moved for the purpose. In any event a case for interference is not made out as the deceased appears to have played a vital role in the plight of the abductee Mst. Fakhra and the main reason for awarding lesser sentence is based on sound judicial principles. The petition is, therefore, dismissed and .