| Case ID |
38344f1d-423d-48f3-8a3d-abadf302f922 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 386 of 1 |
| Decision Date |
Nov 17, 1987 |
| Hearing Date |
Nov 17, 1987 |
| Decision |
The Supreme Court of Pakistan dismissed the petition challenging the reduction of sentence from death to life imprisonment. The Court upheld the findings of the Lahore High Court, which had maintained the conviction under Section 302 of the Pakistan Penal Code for the murder of Ali Muhammad. The High Court's order for reducing the death sentence was deemed based on sound reasoning, and the Supreme Court found no grounds for interference. The petitioner's reliance on an earlier judgment was determined to be distinguishable on facts, leading to the dismissal of the petition without any merit. |
| Summary |
In the case of Muhammad Ashiq vs. Muhammad Ashraf and others, the Supreme Court of Pakistan addressed the appeal concerning a murder conviction under Section 302 of the Pakistan Penal Code. The case arose from the Lahore High Court's decision to reduce the death sentence to life imprisonment for the first respondent, Muhammad Ashraf, who was convicted of murdering Ali Muhammad. The Supreme Court, consisting of Justices Nasim Hasan Shah, S. A. Nasrat, and Ali Hussain Qazilbash, concluded that the High Court's reasoning for the sentence reduction was sound and justified. The petitioner's appeal was dismissed as it lacked merit, particularly as the cited previous judgment was found to be factually different. This case highlights critical aspects of criminal law and the judicial process in Pakistan, emphasizing the principles of justice and the evaluation of sentencing in murder cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH, JUSTICE,
S. A. NUSRAT, JUSTICE,
ALI HUSSAIN QAZILBASH, JUSTICE
|
| Lawyers |
Raja Muhammad Muzaffar, Advocate Supreme Court Advocate-on-Record
|
| Petitioners |
MUHAMMAD ASHIQ
|
| Respondents |
MUHAMMAD ASHRAF AND ANOTHERS
|
| Citations |
1988 SLD 3001,
1988 SCMR 206
|
| Other Citations |
Muhammad Ashfaq v. The State 1984 S C M R 1229
|
| Laws Involved |
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973
|
| Sections |
302,
185(3)
|