| Case ID |
09d7a26e-ecac-40e4-974d-1605a56798c7 |
| Body |
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| Case Number |
Criminal Appeal No.92 of 2002 |
| Decision Date |
Mar 14, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, affirming the High Court's decision to modify the death sentence of the respondent Murtaza to life imprisonment. The Court found that the prosecution had failed to establish the immediate cause and motive for the murder, which were crucial in justifying the original death penalty. The appeal was deemed unpersuasive as the appellant's counsel could not point to any material evidence warranting interference with the High Court's judgment. The Court underscored that the absence of a solid motive, coupled with the unclear circumstances surrounding the incident, justified the reduction of the sentence. |
| Summary |
This case revolves around the modification of a death sentence to life imprisonment by the Supreme Court of Pakistan. The key players include Muhammad Ayaz Khan, who filed the appeal against the High Court's decision to reduce Murtaza's sentence. The Supreme Court's ruling focused on the inadequacy of the prosecution's evidence regarding the motive and circumstances of the murder. The Court emphasized that while motive is not always necessary for a murder conviction, the lack of clear evidence in this instance warranted a lesser sentence. This case highlights critical aspects of criminal law, including the standards of proof required in murder cases and the discretion of appellate courts in sentencing. Key legal principles from the Penal Code and the Constitution were discussed, making this case significant for understanding the nuances of criminal justice in Pakistan. The appeal's dismissal reinforces the importance of thorough evidence in securing a conviction, especially in capital cases. The case serves as a precedent for future appeals concerning sentencing modifications based on evidentiary shortcomings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
MIAN HAMID FAROOQ,
MUHAMMAD FARRUKH MAHMUD
|
| Lawyers |
Kh. Sultan Ahmed,
Sardar Muhammad Latif Khan Khosa,
Muhammad Siddique Khan Baloch
|
| Petitioners |
MUHAMMAD AYAZ KHAN
|
| Respondents |
MURTAZA
|
| Citations |
2008 SLD 1741,
2008 SCMR 984
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302(b),
185(3)
|