| Case ID |
324c9cbe-a694-41a5-9fd2-5481e5d5e13b |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 232 of 1 |
| Decision Date |
Jan 12, 1987 |
| Hearing Date |
Jan 12, 1987 |
| Decision |
The Supreme Court of Pakistan addressed the appeal of Muhammad Afzal and others against their convictions for murder. The court maintained the death sentence for one accused while altering the sentence of another to life imprisonment. The court highlighted the lack of motive for the death penalty in the case of Muhammad Asghar and emphasized the equal involvement of all accused in the crime. The court granted leave to appeal specifically regarding the sentence of Muhammad Asghar, indicating that the life imprisonment awarded to the other accused was appropriate and required no interference. The decision underscored the importance of examining the circumstances surrounding each individual's involvement in the crime and the necessity for clear evidence to support severe penalties such as the death sentence. |
| Summary |
In the landmark case of Muhammad Afzal and others, the Supreme Court of Pakistan deliberated on crucial legal principles surrounding murder convictions under the Penal Code. This case involved multiple petitioners, with Muhammad Afzal appealing his life sentence while others faced the death penalty. The court emphasized the necessity of motive in sentencing, particularly highlighting the lack of motive for one of the accused, Muhammad Asghar. The ruling critically assessed the evidence presented, including witness testimonies and the prosecution's failure to corroborate claims with medical evidence. The court's decision to grant leave for appeal on the sentence of Muhammad Asghar set a significant precedent concerning the proportionality of punishment in criminal law. The case is a pivotal reference in discussions regarding the application of the death penalty in Pakistan, particularly in instances where the accused may not have been the primary instigator of the crime. Legal professionals and scholars continue to analyze this case for its implications on future sentencing and the interpretation of criminal responsibility. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Mian Burhanuddin Khan
|
| Lawyers |
Khakan Babar, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record
|
| Petitioners |
Muhammad Iqbal,
Muhammad Afzal,
Muhammad Asghar,
Sikandar alias Kandoo
|
| Respondents |
The State
|
| Citations |
1987 SLD 1473,
1987 SCMR 524
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Penal Code (XLV of 1860)
|
| Sections |
185(3,
302/34
|