| Case ID |
00d7bcc7-367a-49f5-93d5-7653f2356b9a |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 173 of 1995 |
| Decision Date |
Oct 08, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, converting the appellant Muhammad Mumtaz Khan's death sentence into a 14-year imprisonment under Section 302(c) of the Pakistan Penal Code (P.P.C.). The court considered the appellant's minor age, being approximately 17/18 years at the time of the offense, and the provocation involved, where the son of the deceased injured the brother of the accused half an hour before the incident. These factors contributed to the court's decision to impose a lesser punishment. Additionally, the benefit of Section 382-B of the Criminal Procedure Code (Cr.P.C.) was extended to the appellant. The court referenced previous cases such as Abdul Haque v. State and Javid Iqbal v. State to support the decision, emphasizing the importance of mitigating circumstances and judicial discretion in sentencing. |
| Summary |
In the landmark case of Muhammad Mumtaz Khan vs. The State, the Supreme Court of Pakistan delivered a pivotal decision on October 8, 1998, under Criminal Appeal No. 173 of 1995. The appellant, Muhammad Mumtaz Khan, initially received a death sentence from the Sessions Judge in Mianwali for the murder of Fakhar-ud-Din. This sentence was upheld by the Lahore High Court during its review of the case. However, upon reaching the Supreme Court, the dynamics of the case underwent significant scrutiny. Central to the appellant's defense were two critical factors: his age and the circumstances leading to the crime. Muhammad Mumtaz Khan was approximately 17 to 18 years old at the time of the incident, classifying him as a minor under the Penal Code. Additionally, it was highlighted that just half an hour before committing the offense, the son of the deceased had injured the brother of the accused. This act was argued to have provoked Muhammad Mumtaz Khan, potentially influencing his actions towards committing murder. The Supreme Court meticulously analyzed the applicability of Section 302 of the Pakistan Penal Code (P.P.C.), particularly focusing on subsections (a), (b), and (c). Given that the appellant was a minor, Section 302(a), which pertains to Qisas (retribution), was deemed inapplicable. Instead, the court considered Section 302(c), which allows for imprisonment based on the Injunctions of Islam when Qisas does not apply. The court also referenced precedents like Abdul Haque v. State and Javid Iqbal v. State to underscore the importance of mitigating circumstances in sentencing. These cases illustrated that while the youth of the offender and the presence of provocation do not automatically mandate leniency, they provide a substantial basis for judicial discretion in imposing a lesser sentence. In this context, the Supreme Court decided to convert the death sentence into a 14-year imprisonment term, considering both the appellant's age and the provocation he faced. Moreover, the court extended the benefits of Section 382-B of the Criminal Procedure Code (Cr.P.C.) to Muhammad Mumtaz Khan, ensuring his arrest without a high court order. This decision not only reflects the court's commitment to balanced justice, factoring in both the severity of the offense and the circumstances surrounding it but also emphasizes the nuanced application of the Penal Code in cases involving youthful offenders and provocation. The involvement of esteemed legal representatives, including Senior Advocate Supreme Court Kh. Sultan Ahmed and Advocate-on-Record S. Abul Aasim Jafri for the appellant, and Advocate Supreme Court Dil Muhammad Tarar for the state, ensured that the case was presented with comprehensive legal arguments. The judgment by judges Raja Afrasiab Khan, SH. Riaz Ahmed, and Wajihuddin Ahmed showcases the meticulous legal reasoning and the judiciary's role in harmonizing the letter of the law with the principles of equity and justice. This case stands as a significant reference in Pakistani jurisprudence, highlighting the critical interplay between statutory provisions and judicial discretion in the realm of criminal appeals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
The State,
Supreme Court of Pakistan,
Muhammad Mumtaz Khan
|
| Judges |
RAJA AFRASIAB KHAN,
SH. RIAZ AHMED,
WAJIHUDDIN AHMED
|
| Lawyers |
Kh. Sultan Ahmed,
S. Abul Aasim Jafri,
Dil Muhammad Tarar,
Muhammad Munir Peracha,
Ejaz Muhammad Khan
|
| Petitioners |
MUHAMMAD MUMTAZ KHAN
|
| Respondents |
THE STATE
|
| Citations |
1999 SLD 331,
1999 SCMR 837
|
| Other Citations |
Abdul Haque v. State PLD 1996 SC 1,
Javid Iqbal v. State 1982 SCMR 447,
Muhammad Din v. State 1985 SCMR 625,
Suhail Iqbal v. State 1993 SCMR 2377
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302(a),
302(b),
302(c),
Art. 185(3)
|