| Case ID |
09387ea8-0d97-4d51-a800-3e6f91bb6180 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.250 of 19 |
| Decision Date |
Jan 12, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to Hussaini on the question of sentence only, condoning a 21-day delay in filing the petition. The court found that the accused was rightly convicted for the triple murder of Hafiz Obaidullah, Mst. Zaitun, and Mst. Bashiran. The motive was based on family honour, as it was established that the deceased had immoral relations with the accused's family. The sentence of death was confirmed for Hussaini, while the co-accused were acquitted. The court emphasized the importance of mitigating circumstances in determining the appropriate sentence. |
| Summary |
In this landmark decision by the Supreme Court of Pakistan, the case revolves around the conviction of Hussaini for the triple murder of Hafiz Obaidullah, Mst. Zaitun, and Mst. Bashiran. The court addressed critical issues surrounding family honour and the mitigating circumstances that led to the crime. Hussaini was sentenced to death, while his co-accused were acquitted, highlighting the complexities of legal interpretations in cases involving personal relationships and moral obligations. The ruling reinforces the necessity of fair trial standards and the consideration of mitigating factors in capital punishment cases. The decision also sheds light on the implications of the Limitation Act concerning the condonation of delays in filing appeals. This case is significant as it underscores the balance between justice and mercy in the context of severe penalties. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Khuda Dad Khan Burki,
Ch. Asghar Ali,
Ch. Qamar-ud-Din Khan Meo,
M. Aqil Mirza,
M.A. Qureshi
|
| Petitioners |
Hussaini
|
| Respondents |
THE STATE
|
| Citations |
1987 SLD 377,
1987 SCMR 501
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Limitation Act (IX of 1908)
|
| Sections |
Art. 185(3),
S. 302,
S. 149,
S. 120-B (1),
S. 148,
S. 364,
S. 5
|