| Case ID |
42954b25-d64c-4f05-a31f-b5cdf9f0e0a9 |
| Body |
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| Case Number |
49-P of 1974 |
| Decision Date |
Jan 31, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking leave to appeal against the judgment of the Peshawar High Court that confirmed the death sentence of the petitioner, Feroz Khan, for the murder of Nooran Shah. The Court found that the trial and High Court had sufficient evidence to uphold the conviction, and the mere argument that a lesser sentence would be more appropriate did not provide sufficient grounds for the Supreme Court to interfere with the legal sentence imposed. The Court emphasized that the matter of sentencing is typically at the discretion of the trial and High Courts, and any concerns regarding mercy should be addressed through the Executive. |
| Summary |
In the case of Feroz Khan vs. The State, the Supreme Court of Pakistan dealt with a significant matter of criminal law concerning the conviction and death sentence of the petitioner for murder under Section 302 of the Penal Code. The petitioner was found guilty of killing Nooran Shah in a courtroom setting, which was a culmination of a series of violent incidents linked to longstanding disputes. The Supreme Court upheld the lower courts' decisions, emphasizing the legal validity of the death penalty while acknowledging the tragic circumstances that led to the crime. The case illustrates key aspects of criminal law, including the principles surrounding self-defense, the legal standards for murder, and the complexities of sentencing in the context of personal vendetta. This case is relevant for legal practitioners interested in criminal law precedents, particularly concerning the death penalty and mitigating circumstances in murder cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD GUL,
MUHAMMAD AFZAL CHEEMA
|
| Lawyers |
Maqbool Elahi Malik,
S. Inayat Hussain
|
| Petitioners |
Feroz Khan
|
| Respondents |
THE STATE
|
| Citations |
1975 SLD 209,
1975 SCMR 232
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1869),
Constitution of Pakistan (1973)
|
| Sections |
302,
185(3)
|