| Case ID |
1e274c78-45ba-4a66-b264-3a2d6eda80fc |
| Body |
View case body. Login to View |
| Case Number |
Crl. Appeal Nos. 589 of 2006, 130 of 2009 and 96 o |
| Decision Date |
Apr 23, 2015 |
| Hearing Date |
Apr 01, 2015 |
| Decision |
The Supreme Court of Pakistan upheld the trial courts' decisions to impose the death penalty on the convicts in three separate appeals. The court ruled that a compromise with one or more heirs of the victim does not automatically reduce the sentence of death to imprisonment for life. The court emphasized that for a conviction of qatl-i-amd, a complete agreement among all legal heirs is necessary for any possibility of sentence reduction. The heinous nature of the crimes committed, including premeditated murder and the brutal circumstances surrounding the deaths of the victims, further justified the imposition of the death penalty. The court dismissed all appeals, affirming the sentences given by the lower courts. |
| Summary |
This case revolves around the interpretation of legal provisions concerning the compounding of offences, particularly in the context of qatl-i-amd under the Pakistan Penal Code. The Supreme Court of Pakistan deliberated on whether a compromise with an heir of the victim, rather than all legal heirs, could impact the sentencing of convicts sentenced to death. The court concluded that a compromise involving only some heirs does not suffice to warrant a reduction in the sentence. This case highlights the stringent requirements for compromising serious offences and reaffirms the necessity of considering the facts and circumstances of each case when determining punishment. The importance of full consensus among all heirs in cases of qatl-i-amd is underscored, as is the court's discretion in sentencing despite any compromises made. The ruling serves as a precedent for future cases involving similar legal questions and reinforces the gravity of premeditated murder, ensuring that justice is served adequately, reflecting societal values and legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
Asif Saeed Khan Khosa,
Dost Muhammad Khan,
Qazi Faez Isa
|
| Lawyers |
Sheikh Khizar Hayat, Senior ASC,
Chaudhry Munir Sadiq, ASC for Appellant (in Crl. A. No. 589/2006),
Mr. M. Zaman Bhatti, ASC for Appellant (in Crl. A. No. 130/2009),
Mrs. Farhat Zafar, ASC for Appellant (in Crl. A. No. 96/2011),
Mr. Ahmed Raza Gillani, Addl. PG, Punjab for State (in Crl. As. Nos. 589/06 & 130/09),
Mr. Zubair Ahmed Farooq, Addl. PG, Punjab for State (in Crl. A. No. 96 of 2011),
Mr. Muhammad Latif Khan Khosa, Senior ASC for Complainant (in Crl. A. No. 589/2006),
Chaudhry Farooq Haider, ASC for Complainant (in Crl. A. No. 96/2011)
|
| Petitioners |
ABDUL GHAFFAR AND 2 OTHERS
|
| Respondents |
STATE
|
| Citations |
2015 SLD 1231,
2015 PLJ 741
|
| Other Citations |
Muhammad Aslam v. Shaukat Ali (1997 SCMR 1307),
Riaz Ahmad v. State (2003 SCMR 1067),
Muhammad Ahmad v. State (PLD 2003 SC 583),
Niaz Ahmad v. State (PLD 2003 SC 635),
Bashir Ahmed v State (2004 SCMR 236),
Muhammad Ali v. State (PLD 2004 Lahore 554),
Abdul Jabbar v. State (2007 SCMR 1496),
Zahid Rehman v. State (PLD 2015 SC 77)
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860,
Criminal Procedure Code, 1898
|
| Sections |
185(3),
345(2),
338-E,
302(b),
345(2)
|