| Case ID |
528eda3a-6eb1-4ec4-91d6-596deb6089d6 |
| Body |
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| Case Number |
Criminal Appeal No.19 of 1987 |
| Decision Date |
Feb 24, 1987 |
| Hearing Date |
|
| Decision |
The court held that the conduct of the deceased led to the occurrence of the crime. The petitioner was convicted of murder under section 302 of the Pakistan Penal Code, resulting in a death sentence. However, upon review, the court determined that the circumstances surrounding the case did not warrant such a severe penalty. The petition was converted into an appeal, and the death sentence was commuted to life imprisonment. The petitioner was also granted the benefit of section 382-B of the Code of Criminal Procedure, which allows for the computation of the sentence to include the time already served. |
| Summary |
This case revolves around the appeal by Asghar Ali, who was convicted of murder and sentenced to death for killing Muhammad Rafique. The incident occurred due to a dispute over dowry following the divorce of the petitioner's sister by the deceased. The Supreme Court scrutinized the circumstances leading to the crime, emphasizing that the deceased's refusal to return the dowry was a significant factor. The court ultimately decided that the harsh penalty of death was not justified, leading to a reduction of the sentence to life imprisonment. This judgment highlights the legal considerations of personal conduct in criminal cases and the application of the Penal Code in Pakistan, particularly section 302. Key legal terms include 'murder', 'dowry dispute', and 'life imprisonment', which are relevant for understanding the implications of this case in the context of criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
S.A. NUSRAT,
SAAD SAOOD JAN
|
| Lawyers |
Shaukat Ali,
Mahmood A. Qureshi
|
| Petitioners |
Asghar Ali
|
| Respondents |
The State
|
| Citations |
1987 SLD 486,
1987 SCMR 1344
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|