| Case ID |
09e4b557-c7f4-4895-a1ef-04b95f9df3ca |
| Body |
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| Case Number |
Criminal Appeal No. 20 of 1987 |
| Decision Date |
Feb 24, 1987 |
| Hearing Date |
Feb 15, 1987 |
| Decision |
The Supreme Court of Pakistan decided to reduce the death sentence of the petitioner, Ghulam Hussain, to life imprisonment. This decision was made after the court recognized that the parties had reached a compromise freely and without coercion, aiming to foster goodwill and prevent further bitterness. The complainant party was deemed to have been sufficiently compensated, and the compromise was accepted as a mitigating circumstance. The original conviction and fine were maintained, but the benefit of Section 382-B of the Cr.P.C. was granted to the petitioner, allowing for a significant reduction in the severity of the sentence. |
| Summary |
In the significant case of Ghulam Hussain v. The State, the Supreme Court of Pakistan addressed the issue of a death sentence imposed for murder. The court recognized the importance of compromise in criminal cases and how it can influence sentencing. The petitioner was initially sentenced to death following a conviction for murder, which was upheld by the High Court. However, during the hearing, it was revealed that the parties had amicably settled the matter out of court, which the court accepted as a mitigating factor. This case highlights the role of compromise in legal proceedings and its potential impact on sentencing outcomes. The ruling emphasizes the need for courts to consider the social dynamics and personal relationships between the parties involved, especially in cases involving familial ties. The decision to reduce the death sentence to life imprisonment reflects a broader understanding of justice that incorporates human elements beyond strict legal interpretations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
S. A. NUSRAT,
SAAD SAOOD JAN
|
| Lawyers |
Rana Abdul Rahim Khan,
Sh. Masood Akhtar,
M. A. Qureshi,
Faiz Ahmad Bhatti
|
| Petitioners |
GHULAM HUSSAIN
|
| Respondents |
THE STATE
|
| Citations |
1987 SLD 1626,
1987 SCMR 820
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Penal Code (XLV of 1860)
|
| Sections |
185(3),
302
|