| Case ID |
7f8488db-034e-4285-8dbb-7c5aa8f08065 |
| Body |
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| Case Number |
Jail Petition No. 19 of 2001 |
| Decision Date |
May 21, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to consider whether the petitioner is entitled to mitigation of sentence under the peculiar circumstances of the case. The court found that the petitioner had committed the murders of his wife and mother-in-law under sudden and grave provocation. It was concluded that the conviction and sentence issued by the High Court did not suffer from any legal or factual infirmity, but the court allowed for the possibility of a lesser penalty. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the issues of provocation and sentencing in criminal law. The petitioner, Sohbat Khan, was convicted of murdering his wife and mother-in-law. His defense centered on the claim of acting under sudden and grave provocation after suspecting infidelity. The court analyzed the evidence, including witness testimonies and the circumstances leading to the crime. Ultimately, the Supreme Court's ruling emphasized the importance of considering mitigating factors in sentencing, particularly in emotionally charged situations. This case highlights critical aspects of criminal law, including the interpretation of provocation under the Pakistan Penal Code and the application of constitutional provisions. Legal practitioners and scholars can learn from the court's approach to evidence appraisal and the standards for establishing guilt. The ruling serves as a precedent for future cases involving similar themes of emotional distress and provocation in violent crimes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
SYED DEEDAR HUSSAIN SHAH,
SOHBAT KHAN
|
| Lawyers |
Muhammad Zaman Bhatti
|
| Petitioners |
Sohbat Khan
|
| Respondents |
The State
|
| Citations |
2003 SLD 906 = 2003 SCMR 540
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973
|
| Sections |
302(b),
185(3)
|