| Case ID |
13b6b1ce-9154-4bda-87ec-0d0bef40a075 |
| Body |
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| Case Number |
Criminal Petitions for Leave to Appeal Nos. 439 an |
| Decision Date |
Jun 17, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the criminal petitions filed by Noor Hussain and Muhammad Hassan against the Lahore High Court's judgment dated October 19, 1985. Noor Hussain was initially sentenced to death for the murder of Ghulam Abbas, but this was commuted to life imprisonment by the High Court. Muhammad Hassan sought enhancement of Noor Hussain's sentence, arguing that the High Court erred in its judgment. The Court acknowledged the merits of the arguments presented and decided to examine whether it would be just to extend the concession in the quantum of sentence for the murder of a distant relative. Leave was granted for both petitions to further evaluate the legal implications of the case. |
| Summary |
The case revolves around the petitions filed by Noor Hussain and Muhammad Hassan regarding the murder conviction of Noor Hussain. Initially sentenced to death, Noor Hussain's sentence was commuted to life imprisonment by the Lahore High Court. Muhammad Hassan's petition sought to enhance this sentence, arguing the High Court's decision was flawed, particularly in relation to the nature of the revenge killing, which involved a distant relative. This case highlights significant legal questions regarding the application of justice in murder cases and the nuances of revenge killings within the ambit of the law. The Supreme Court's decision to grant leave for both petitions opens the door for a thorough examination of sentencing guidelines and the broader implications of familial relationships in determining the severity of punishments. The case raises important discussions on legal standards, the interpretation of laws, and the role of the judiciary in addressing complex criminal matters, making it a vital point of reference in future legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
GHULAM MUJADDID,
USMAN ALI SHAH
|
| Lawyers |
Syed Abul Aasam Jaafery, Advocate-on-Record,
Mian Abdus Sattar Najam, Advocate Supreme Court,
S. Inayat Hussain, Advocate-on-Record
|
| Petitioners |
Muhammad Hassan,
Noor Hussain
|
| Respondents |
The State
|
| Citations |
1990 SLD 529,
1990 SCMR 287
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code,
Constitution of Pakistan
|
| Sections |
302,
Art.185(3)
|