Legal Case Summary

Case Details
Case ID 528eda3a-6eb1-4ec4-91d6-596deb6089d6
Body View case body.
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