| Case ID |
41f350bf-dfd0-4034-8ab6-0da7faf9503d |
| Body |
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| Case Number |
Criminal Petition No. 36 of 1988 |
| Decision Date |
Aug 22, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the High Court's decision to reduce the sentence of the respondent from death to life imprisonment. The Court found that there were mitigating circumstances surrounding the case, including the lack of enmity between the deceased and the accused, as well as the provocation that led to the murder. The Court noted that the prosecution's own case indicated that the accused acted under the instigation of family members, and the evidence did not sufficiently establish premeditation. Consequently, the leave to appeal was refused. |
| Summary |
In the case of Criminal Petition No. 36 of 1988, the Supreme Court of Pakistan dealt with a serious criminal matter involving the murder of Dildar Hussain under section 302 of the Penal Code. The accused was initially sentenced to death but the High Court mitigated this to life imprisonment. The case highlighted the importance of context in determining culpability, with the Court considering the absence of enmity and the provocation that led to the tragic event. This decision underscores the complexities of criminal law and the nuanced approach required in cases involving familial relationships and emotional disputes. Legal professionals should note the implications of this case for future sentencing considerations in similar circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
SHAFIUR RAHMAN,
ALI HUSSAIN QAZILBASH,
SAAD SAOOD JAN
|
| Lawyers |
Asghar Ali Bhatti,
Tanveer Ahmad
|
| Petitioners |
NAZAR HUSSAIN SHAH
|
| Respondents |
IFFIK14ARUL HASSAN
|
| Citations |
1990 SLD 519,
1990 SCMR 272
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
185(3)
|