| Case ID |
08bd1875-c85e-488d-8b86-07dbdfc72e6d |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No.2 |
| Decision Date |
Jan 20, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the decision of the Lahore High Court. The Court concluded that the discretion exercised by the High Court was neither whimsical nor arbitrary, and the case did not warrant the enhancement of the sentence from life imprisonment to death. The Court noted that the circumstances did not indicate a wanton murder, thus finding no merit in the petition. Consequently, the petition was dismissed. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan addressed the nuances of discretion in sentencing under the Penal Code, particularly in relation to murder convictions. The case stemmed from the murder of Imtiaz Ahmad, where the respondent Muhammad Yousaf was initially sentenced to death. However, upon appeal, this was converted to life imprisonment by the Lahore High Court, which also increased the imposed fine. The Supreme Court's ruling underscored the importance of judicial discretion and the standards for enhancing sentences, setting a significant precedent in criminal law. Key terms include 'murder conviction', 'judicial discretion', and 'life imprisonment'. This decision is crucial for legal practitioners and scholars focusing on criminal law and the intricacies of appeal processes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
S. USMAN ALI SHAH,
ABDUL SHAKURUL SALAM
|
| Lawyers |
Sadiq Hayat Khan Lodhi,
Rana Maqbool Ahmad Qadri,
M. Aslam Chaudhry,
MA. Zaffar
|
| Petitioners |
MUHAMMAD KHALEEL
|
| Respondents |
MUHAMMAD ASLAM,
MUHAMMAD YOUSAF,
HUMAYUN SHAHZAD
|
| Citations |
1990 SLD 1040,
1990 SCMR 1317
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302/34,
Art.185(3)
|