| Case ID |
268b5617-91b6-4a7e-858c-3a2cee4bad13 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No.64 of 1987 |
| Decision Date |
May 12, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, in this case, addressed the legality of consecutive sentences imposed on the petitioners for the murders of Mst. Sarwar Khatoon and Muhammad Amin. The High Court had altered the death sentences to life imprisonment on two counts but ordered that the sentences run consecutively. The petitioners contended that this was contrary to the provisions of Section 35(2), Cr.P.C., which limits punishment to a maximum of 25 years. The Court found merit in the petitioners' arguments, citing previous judgments that supported concurrent sentencing in cases involving multiple offences. Consequently, the Court allowed the appeal, omitting the part of the judgment that ordered consecutive sentences, and directed that the sentences shall run concurrently. |
| Summary |
The Supreme Court of Pakistan ruled on the appeal of Khan Zaman and others concerning their sentences for murder. Initially sentenced to death, the High Court modified this to life imprisonment but stipulated that the sentences should run consecutively. The petitioners contested this decision, arguing that it violated the Criminal Procedure Code's provisions limiting imprisonment to a maximum of 25 years. The Supreme Court referred to earlier cases establishing that sentences for multiple offences should run concurrently rather than consecutively. This ruling emphasizes the legal principles governing sentencing in criminal cases in Pakistan, particularly regarding the rights of defendants and the interpretation of statutory limits on imprisonment. The decision is significant for legal practitioners and advocates in criminal law, as it clarifies procedural standards and reinforces the necessity for courts to adhere to legislative mandates concerning sentencing. The case highlights the importance of legal representation and the role of the judiciary in safeguarding defendants' rights in the face of potentially excessive penalties. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
State
|
| Judges |
Aslam Riaz Hussain,
Javid Iqbal,
Saad Saood Jan
|
| Lawyers |
Malik Noor Muhammad Awan,
Tanvir Ahmad,
Muhammad Akhtar Shabir
|
| Petitioners |
Muhammad Ramzan,
Khan Zaman,
Muhammad Yousa Falaksher
|
| Respondents |
The State
|
| Citations |
1987 SLD 502,
1987 SCMR 1382
|
| Other Citations |
Javaid Shaikh v. The State 1985 SCMR 153,
Juma Khan and another v. The State 1986 SCMR 1573,
Muhammad Ittafaq v. The State 1986 SCMR 1627
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
149,
148,
35(2)
|