| Case ID |
3d493cbf-962b-4c71-8a3e-70a52a570d6d |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.15 of 198 |
| Decision Date |
Nov 25, 1987 |
| Hearing Date |
Nov 25, 1987 |
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking leave to appeal against the Lahore High Court's alteration of the death sentence to life imprisonment. The court found the reasoning of the High Court to be unexceptionable, noting that the evidence presented did not warrant a conviction of the respondents. The court upheld the conviction but deemed the sentence to be appropriately adjusted based on the circumstances of the case. The petitioner's request to restore the death sentence was rejected, establishing a precedent on the judicial discretion exercised in sentencing. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed a crucial matter concerning the alteration of a death sentence under the Penal Code (XLV of 1860) and its implications under the Constitution of Pakistan, 1973. The case originated from a murder conviction where the respondent was initially sentenced to death for the murder of Mst. Sureyya. However, upon appeal, the Lahore High Court modified the sentence to life imprisonment. The Supreme Court, upon reviewing the evidence, upheld the High Court's decision, emphasizing the importance of judicial discretion in sentencing. This case highlights key legal principles and the delicate balance between justice and mercy in capital punishment cases. Keywords such as 'Supreme Court', 'death sentence', 'life imprisonment', and 'judicial discretion' are essential for understanding the implications of this ruling and the broader context of criminal law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
S.A. NUSRAT,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Kh.A.Waheed,
Abid Hasan Minto,
Rana Muhammad Bashir Khan,
M.A.Qureshi
|
| Petitioners |
CHIRAGH DIN
|
| Respondents |
ANOTHER,
MUHAMMAD TUFAIL
|
| Citations |
1988 SLD 3050,
1988 SCMR 357
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302,
185(3)
|