livelawpk.com - In a landmark judgment, the Lahore High Court has converted

Lahore High Court Converts Death Sentence to Life Imprisonment in High-Profile Murder Case

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Lahore High Court Converts Death Sentence to Life Imprisonment in High-Profile Murder Case

Islamabad 08-07-2024: In a landmark judgment, the Lahore High Court has converted the death sentence of appellant, convicted of murdering his brother Muhammad Waqas Ali, to life imprisonment. The decision was made during the hearing of [Murder Reference No.03 of 2021] and [Criminal Appeal No.69125-J of 2020], where the appellant challenged his conviction and death sentence awarded by the Trial Court.

The appellant was accused of murdering his brother, Muhammad Waqas Ali, on July 31, 2019. The FIR was registered under Section 302 of the Pakistan Penal Code (PPC) at Police Station Factory Area, District Sheikhupura. The Trial Court found him guilty and sentenced him to death, along with a compensation of Rs.200,000 to the legal heirs of the deceased, failing which he would undergo an additional six months of simple imprisonment.

The prosecution’s case, based on the FIR lodged by Sidra Bibi, the complainant, detailed that the appellant had quarrelled with Waqas Ali and inflicted a fatal knife wound on his neck. The Trial Court's conviction was primarily based on the testimonies of eyewitnesses, including Sidra Bibi, and the medical evidence provided by Dr. Ijaz Ahmad, who conducted the postmortem examination.

Feeling aggrieved, the appellant filed an appeal against his conviction and sentence. The Trial Court also forwarded a murder reference for confirmation of the death sentence.

Upon reviewing the evidence and hearing arguments from both sides, the High Court found the prosecution had established the appellant’s guilt beyond a reasonable doubt. However, the Court also identified several mitigating circumstances. These included the lack of blood-stains on the knife and the absence of immediate provocation details, which led the Court to consider the death sentence excessively harsh.

Citing the Supreme Court’s decision in “Dilawar Hussain v. The State” (2013 SCMR 1582), the High Court emphasized that even a single mitigating circumstance could justify a lesser sentence. The Court ruled that the death sentence be converted to life imprisonment and extended the benefit of Section 382(b) of the Code of Criminal Procedure (Cr.P.C.) to the appellant. The compensation amount and sentence for non-payment imposed by the Trial Court remained intact.

The judgment, authored by Ms. Justice Aalia Neelum and Mr. Justice Farooq Haider, highlighted the importance of considering mitigating factors in sentencing decisions. The Court’s discretion in opting for life imprisonment over the death penalty was reaffirmed, setting a significant precedent for future cases involving capital punishment.

The Lahore High Court’s decision to convert the appellant’s death sentence to life imprisonment underscores the judiciary's commitment to a fair and balanced approach in capital punishment cases. The judgment provides critical insights into the evaluation of evidence, the weight of mitigating circumstances, and the application of judicial discretion in sentencing.

This case serves as a pivotal reference for legal professionals and underscores the evolving standards in the administration of justice in Pakistan.