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Every Case must be evaluated on its Unique Facts and Circumstances --- Lahore High Court upheld Accused’s Conviction but converted the Death Penalty into Life Imprisonment due to Mitigating Circumstances

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Islamabad 10-12-2024: In a significant decision, the Lahore High Court commuted the death sentence of Zeeshan Ali, convicted for the murder of his sister-in-law, to life imprisonment. The judgment was delivered on 06-11-2024, by a division bench comprising Mr. Justice Sadaqat Ali Khan and Mr. Justice Mirza Viqas Rauf.

Zeeshan Ali was convicted by a trial Court for the murder of his sister-in-law, Tehmina Bibi, under Section 302(b) of the Pakistan Penal Code (PPC). The incident occurred on August 26, 2021, at her residence in Kallar Syedan, Rawalpindi. Tehmina, who was injured in the shooting, gave a detailed statement identifying Zeeshan Ali as the perpetrator before succumbing to her injuries two days later.

The trial Court sentenced Zeeshan Ali to death and ordered him to pay compensation of Rs. 200,000 to the victim’s heirs under Section 544-A of the Criminal Procedure Code (Cr.P.C.).

The Lahore High Court upheld the conviction under Section 302(b) PPC but altered the sentence, considering the circumstances and principles established by precedents. The Court emphasized the following:

The victim’s dying declaration, recorded shortly after the incident, was deemed credible and carried substantial weight in convicting the accused.
The postmortem report and forensic evidence confirmed the injuries and linked the crime weapon to the accused, strengthening the prosecution’s case.
The Court noted that one of the witnesses, Faizan Ali, turned hostile, but this did not undermine the overall case as the evidence against the accused was conclusive.

The Lahore High Court modified the death penalty substituted with life imprisonment, along with fine Rs. 200,000 under Section 544-A Cr.P.C. and benefit of Section 382-B Cr.P.C. that time spent in custody to be deducted from the sentence.

The Court dismissed the criminal appeal filed by Zeeshan Ali and answered the murder reference in the negative, declining to confirm the death penalty.