| Case ID |
090fc2a1-e129-4795-b816-7a81199c0333 |
| Body |
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| Case Number |
Criminal Appeals Nos. 63 and 64 of 1982 |
| Decision Date |
Feb 03, 1987 |
| Hearing Date |
Feb 03, 1987 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to both the convict and the complainant to examine the correctness of the Lahore High Court's decision, which had dismissed the convict's appeal and confirmed his death sentence while also dismissing a revision petition filed by the complainant against the acquittal of the convict's co-accused brother. The Court affirmed the conviction of Tariq Pervaiz under Section 302 of the Penal Code for two counts of murder, although it reduced the death sentence to life imprisonment on two counts to be served concurrently, maintaining the order of fine/compensation. The Court found that while the prosecution had established the case against the convict beyond a reasonable doubt, mitigating factors such as the convict's youth and lack of direct motive were considered in the sentencing. |
| Summary |
In the case of Criminal Appeals Nos. 63 and 64 of 1982, the Supreme Court of Pakistan reviewed the appeals concerning the conviction and sentencing of Tariq Pervaiz for the murder of two individuals. The Court examined the evidence presented, including testimonies from eye-witnesses and the circumstances surrounding the altercation that led to the murders. The Court acknowledged mitigating circumstances, including the convict's age and lack of direct motive, ultimately deciding to reduce the death penalty to life imprisonment. This case highlights critical aspects of criminal law, including the importance of evidence, the role of mitigating factors in sentencing, and the judicial process involved in appeals. Legal professionals and scholars can glean insights into the application of Section 302 of the Penal Code and the procedural nuances of the appeals process in Pakistan's judicial system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
S. A. NUSRAT,
ZAFFAR HUSAIN MIRZA,
ALI HUSAIN QAZILBASH
|
| Lawyers |
Ahmad Raza Khan Kasuri,
Ch. Karam Ellahi Badar,
Ch. Akhtar Ali,
M.B. Zaman,
M. Nawaz Abbasi,
Rao M. Yousaf Khan
|
| Petitioners |
another,
TARIQ PERVAIZ
|
| Respondents |
THE STATE,
others
|
| Citations |
1987 SLD 1687,
1987 SCMR 967
|
| Other Citations |
Sher Hassan v. The State P L D 1959 SC (Pak.) 480,
Mushtaq Ahmad v. State 1985 SCMR 423,
Mukhtar Hussain v. The State 1985 SCMR 479,
Muhammad Nawaz v. The State 1970 SCMR 220,
Muhammad Afzal v. The State P L D 1976 SC 568
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302,
185(3)
|