ZUBAIDA BEGUM vs MUHAMMAD TARIQ alias BILLU and others
This petition for leave to appeal arises out of a judgment passed by the Lahore High Court, whereby the respondent's conviction under Section 302(b) of the Pakistan Penal Code 1860 for the murder of Amjad Parvez was maintained, but his sentence of death was altered to imprisonment for life. The core legal question before the Supreme Court of Pakistan was whether the High Court was justified in reducing the death sentence to imprisonment for life on the ground that the incident occurred as a result of impulsive action in the heat of passion upon a sudden quarrel. The Supreme Court held that the lesser sentence was awarded on correct premises. The court concluded that the mitigating circumstance of a sudden quarrel and impulsive action justified the commutation of the death sentence to life imprisonment. The petition was accordingly dismissed and leave to appeal was declined.
- Whether a sentence of death can be altered to imprisonment for life when an incident takes place as a result of impulsive action in the heat of passion upon a sudden quarrel?
- Does the Supreme Court interfere with the reduction of a sentence by the High Court when awarded on correct premises?
- Section 302(b), Pakistan Penal Code 1860
ORDER
QAZI MUHAMMAD FAROOQ, J.---The respondent was convicted under section 302(b), P.P.C., for the murder of one Amjad Parvez and was sentenced to death by Ta'zir by the learned Additional Sessions Judge, Gujranwala, vide judgment dated 162-1995. The appeal preferred by him was, however, partly accepted on 30-4-2001 by a learned Division Bench of the Lahore High. Court and the sentence of death was altered to imprisonment for life for the reason that "the incident took place as a result of impulsive action in the heat of passion upon a sudden quarrel".
2. After hearing the learned counsel for the petitioner and going through the record we are satisfied that lesser sentence was awarded on correct premises. The petition is, therefore, dismissed and leave declined.