Hafiz MAHBOOB ELAHI vs AHMAD KHAN alias KHANU and another
The Supreme Court of Pakistan granted leave to appeal in a murder case where the petitioner, Hafiz Mahboob Elahi, challenged the High Court's alteration of the respondent's death sentence to life imprisonment. Respondent Ahmad Khan had been convicted under Section 302(b), Cr.P.C., for the murder of Maqsood Elahi, initially receiving a death sentence and compensation under Section 544-A, Cr.P.C. The High Court upheld the conviction but reduced the sentence, citing as a mitigating circumstance that the occurrence took place in Mianwali District, a region where people commonly carry guns and such incidents are prevalent. The Supreme Court granted leave to appeal specifically to consider whether this observation can legitimately be treated as a mitigating circumstance for awarding a lesser sentence in a murder case.
- Can regional prevalence of weapons and violent incidents be considered a mitigating circumstance for awarding a lesser sentence in a murder case?
- What constitutes a valid mitigating circumstance for reducing a sentence from death to life imprisonment?
- Under what grounds can a High Court alter a death sentence to life imprisonment?
- Section 302(b), Cr.P.C.
- Section 544-A, Cr.P.C.
- Section 382-B, Cr.P.C.
ORDER
RASHID AZIZ KHAN, J.---Respondent No,1, Ahmad Khan, with four others were tried for the murder of Maqsood Elahi. The trial Court vide its judgment dated 25-4-1995 convicted and sentenced Ahmad Khan respondent under section 302(b), Cr.P.C. To death with a direction to pay Rs,20,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. And in default to suffer one year's S.I. The remaining accused were given the benefit of doubt and were acquitted.
The appeal filed by the respondent Ahmad Khan in the High Court also failed. However, his death sentence was altered to imprisonment for life with the benefit of section 382-B, Cr.P.C. The petitioner has impugned the said judgment as far as the question of sentence is concerned on the ground that it was a cold-blooded murder which warranted maximum penalty.
2. We have heard the learned counsel for the petitioner and with his assistance perused the file of the case. We have noticed that lesser sentence was awarded only on the ground that occurrence had taken place in Mianwali District where people normally carry guns and such-like instances do take place. We grant leave to appeal to consider, can the above observation be treated as a mitigating circumstance for awarding lesser sentence. Notice to respondents.
Leave to . 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.