HABIB AHMED vs MUHAMMAD ASLAM alias LASHKAR
The petitioner sought leave to appeal against the judgment of the Lahore High Court, which had dismissed his criminal revision and maintained the sentence of imprisonment for life awarded to the respondent by the trial court under Section 302(b) of the Pakistan Penal Code 1860. The primary issue before the Supreme Court was whether the lesser penalty of life imprisonment, rather than the normal death sentence, was justified. The trial court had withheld the death sentence because the occurrence was not pre-concerted and involved intriguing circumstances. Upon examining the record, the Supreme Court held that the reason for awarding the lesser sentence was well-founded and warranted no interference. Consequently, the Supreme Court dismissed the petition and declined leave to appeal, affirming that the absence of premeditation or pre-concert can constitute a valid ground for withholding the death penalty in murder convictions under Section 302(b), Pakistan Penal Code 1860.
- Can the absence of pre-concert justify withholding the normal penalty of death in a conviction under Section 302(b) of the Pakistan Penal Code 1860?
- Whether the Supreme Court will interfere with a sentence of life imprisonment where the trial court provides well-founded reasons for not awarding the death penalty?
- Does an unpremeditated occurrence constitute a valid ground for maintaining a lesser sentence of imprisonment for life in a murder case?
- Section 302(b), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' QAZI MUHAMMAD FAROOQ, J.---Petitioner Habib Ahmed has sought leave to appeal against the judgment, dated 28-6-2001 of a learned Judge in Chambers of the Lahore High Court whereby his Criminal Revision No,645 of 1999 was dismissed and the sentence of imprisonment for life awarded to the respondent Muhammad Aslam alias Lashkar by the learned trial Court in a murder case was maintained.
2. The respondent was convicted by the learned Additional Sessions Judge Gujranwala, vide judgment dated 21-10-1999, under section 302(b), P.P.C. For the murder of one Rashid Ahmed and sentenced to imprisonment for life, with benefit of section 382-B, Cr.P.C. He was also directed to pay a sum of Rs,50,000 as compensation to the legal heirs of the deceased. The normal sentence of murder was withheld for the reason that apart from certain other intriguing circumstances the occurrence was not the result of pre-concert.
3. We have heard the learned counsel for the petitioner and scanned the record. The reason for awarding lesser sentence is well-founded and a case for interference is not made out. This petition is, therefore, dismissed and leave declined. 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.
Cited by 1 case
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