| Case ID |
450ae59d-9275-411f-989f-aad21745942a |
| Body |
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| Case Number |
Jail Petition No. 56 of 2009 |
| Decision Date |
May 28, 2009 |
| Hearing Date |
May 28, 2009 |
| Decision |
The Supreme Court granted leave to appeal to consider whether the death sentence was too harsh given the circumstances of the case. The petitioner, Sabir Hussain, was convicted of murder based on the allegations of motive which were deemed weak. The court acknowledged that the incident occurred at night, was not witnessed by anyone, and that the forensic evidence did not support the prosecution's case. The court's decision emphasized the need to review the lower court's findings in light of these factors, particularly regarding the appropriateness of the death penalty in this case. |
| Summary |
The case of Sabir Hussain alias Sabri vs. The State revolves around the conviction of the petitioner for the murder of Salah-ud-Din. The incident occurred on June 7, 2001, where the petitioner allegedly shot the deceased with a .222 rifle. The motive presented during the trial was that the petitioner had a grievance against the deceased, who had allegedly advised the petitioner's sister's husband against divorce. Despite the conviction by the trial court and affirmation by the High Court, the Supreme Court granted leave to appeal, focusing on whether the death sentence was warranted given the circumstances. The court highlighted that the incident was not witnessed, the forensic evidence was inconclusive, and the alleged motive seemed insufficient for such a severe penalty. This case underscores the complexities of proving motive in criminal cases and the importance of scrutinizing the appropriateness of sentences, particularly death penalties, in light of the evidence presented. Keywords related to criminal law, motive in murder cases, and Supreme Court rulings are relevant for those researching legal precedents in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TASSADUQ HUSSAIN JILLANI,
NASIR-UL-MULK,
GHULAM RABBANI
|
| Lawyers |
M. Zaman Bhatti, Advocate Supreme Court,
Pervez Alimgir, D.P.G. for the State
|
| Petitioners |
SABIR HUSSAIN alias SABRI
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 2142,
2011 SCMR 1003
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan
|
| Sections |
302(b),
185(3)
|