| Case ID |
3085bb39-ed2c-4e08-a0db-81072e65dbb0 |
| Body |
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| Case Number |
Criminal Appeal No. 34 of 1991 |
| Decision Date |
Oct 13, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court modified the earlier decision of the High Court, converting the death sentence of Ansar Ahmad Khan Barki into life imprisonment due to mitigating circumstances. The court recognized that the accused acted under emotional turmoil, spurred by events related to his niece's marital issues, thus deserving a lesser punishment than death. Additionally, the court ordered a fine and compensation to the heirs of the deceased, emphasizing the importance of considering extenuating circumstances in sentencing. |
| Summary |
In the case of Ansar Ahmad Khan Barki, the Supreme Court of Pakistan addressed the complexities of a double murder conviction under Section 302 of the Penal Code. The appellant was originally sentenced to death for the murders of Wajid Ali Khan and Haroon Akhtar. However, the Supreme Court found that the events leading up to the murders, including familial relationships and emotional distress, constituted mitigating circumstances. The court emphasized that while the appellant's actions were unlawful, the context of provocation and the emotional state of the accused warranted a reconsideration of the sentence. The court ultimately converted the death sentence to life imprisonment, while also imposing a fine and compensation to the victims' heirs. This case highlights the balance between justice and compassion in the legal system, particularly in cases involving deep personal and familial conflicts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHRY,
MUHAMMAD AFZAL LONE,
MUHAMMAD RAFIQ TARAR
|
| Lawyers |
Not available
|
| Petitioners |
Ansar Ahmad Khan Barki
|
| Respondents |
THE STATE
|
| Citations |
1993 SLD 780,
1993 SCMR 1660
|
| Other Citations |
Mst. Bevi v. Ghulam Shabbir and another 1980 SCMR 859,
Muhammad Tahir Khan v. The State 1983 SCMR 1169,
Shahzada Khan v. The State 1984 SCMR 1161
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|