| Case ID |
edf33df3-b64c-470a-8abb-9dfe74628829 |
| Body |
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| Case Number |
Jail Petition No.389 of 2007 |
| Decision Date |
Apr 18, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court observed that the counsel for the petitioner did not challenge the conviction but restricted arguments to the quantum of sentence. The court deemed it proper to re-examine the evidence solely regarding the punishment awarded. The leave to appeal was granted for the purpose of determining if the death sentence was appropriate or if a lesser punishment was warranted. The case involved the conviction of the petitioner for murder, with the argument focusing on whether the petitioner acted under provocation, which was contested by the state’s counsel. Ultimately, the court decided to reassess the evidence related to the punishment. |
| Summary |
This case revolves around a jail petition filed against a conviction for murder. The Supreme Court of Pakistan evaluated the arguments presented by both the petitioner and the state regarding the appropriateness of the death sentence awarded to the petitioner. The pivotal question was whether the petitioner acted under grave provocation. The court acknowledged the need for a detailed re-evaluation of the evidence to ensure justice and fairness in the sentencing process. This case emphasizes the importance of understanding the nuances of provocation in criminal law, particularly in capital cases. The decision to grant leave for appeal highlights the judiciary's commitment to ensuring that sentences are just and proportionate to the circumstances surrounding the crime. Legal practitioners and scholars will find this case significant in discussions surrounding sentencing and the interpretation of provocation under law. Key terms include 'capital punishment', 'legal representation', 'judicial review', 'criminal appeal', and 'provocation in law'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIYED SAEED ASHHAD,
ZIA PERWEZ
|
| Lawyers |
Mr. M. Zaman Bhatti,
Raja Abdul Ghafoor
|
| Petitioners |
RASHID ALI
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 2129 = 2008 SCMR 1008
|
| Other Citations |
Ali Muhammad son of Noor Muhammad v. Ali Muhammad son of Wali Muhammad and another PLD 1996 SC 274,
Abdul Haq v. the State and another PLD 1996 SC 1
|
| Laws Involved |
Penal Code (XLV of 4860),
Constitution of Pakistan (1973)
|
| Sections |
302,
185(3)
|