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Lahore High Court Reduced the Death Penalty to Life Imprisonment due to Mitigating Factors --- Lahore High Court, Lahore

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Lahore High Court Reduced the Death Penalty to Life Imprisonment due to Mitigating Factors --- Lahore High Court, Lahore

Islamabad 13-12-2024: In a significant judgment, the Lahore High Court has converted the death penalty of Munir Hussain Shah, convicted for the 2017 murder of Husnain Abbas, to life imprisonment. The Court upheld the conviction under Section 302(b) of the Pakistan Penal Code (PPC) while reducing the sentence based on mitigating factors. The decision, delivered by Ms. Chief Justice Aalia Neelum and Mr. Justice Asjad Javaid Ghural, balances principles of justice with caution in capital punishment cases.

The Appellant, Munir Hussain Shah, was accused of murdering Husnain Abbas over a land dispute in 2017. The incident was reported promptly, and the trial Court convicted him under Section 302(b) PPC (murder) and Section 458 PPC (house trespass). The trial Court sentenced him to death and rigorous imprisonment for five years, alongside compensation under Section 544-A Cr.P.C.

The Lahore High Court meticulously examined the evidence, including eyewitness accounts, medical findings, and motive allegations, concluding:

The FIR was lodged promptly, reducing the possibility of fabrication.
The eyewitnesses, including the complainant (brother of the deceased), were credible and consistent under cross-examination.
The motive a land dispute remained unproven as no documentary evidence was provided.

The Court upheld the conviction under Section 302(b) PPC, finding sufficient evidence of the Appellant’s guilt. The death sentence was converted to life imprisonment, citing mitigating factors such as Unproven motive and Inconsequential recovery of the murder weapon.

The bench emphasized that decisions on capital punishment demand “utmost care and caution” to safeguard the life and liberties of individuals. It ruled that while the evidence established the Appellant’s guilt, the unproven motive warranted a reduction in sentence.

The Court answered the murder reference in the negative, declining to confirm the death sentence and granting the Appellant the benefit of Section 382-B Cr.P.C.