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Supreme Court of Pakistan Converts Death Sentence to Life Imprisonment in Double Murder Case due to the Mitigating Circumstances surrounding the Altercation that led to the Incident

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Supreme Court of Pakistan Converts Death Sentence to Life Imprisonment in Double Murder Case due to the Mitigating Circumstances surrounding the Altercation that led to the Incident

Islamabad 10-07-2024: In a significant judgment, the Supreme Court of Pakistan has converted the death sentences of petitioner, convicted for the murder of his nephew and sister, to life imprisonment. The decision was delivered by a bench comprising Mr. Justice Jamal Khan Mandokhail, Mr. Justice Syed Hasan Azhar Rizvi, and Mr. Justice Naeem Akhtar Afghan.

The petitioner was originally sentenced to death by the Additional Sessions Judge, Jand (Attock), on 24 May 2014, for the murders committed on 2 September 2013. He was also convicted of causing firearm injuries to the wife of his nephew. The initial charges included death penalty for murders, rigorous imprisonment with fine, daman and arsh.

The petitioner's conviction and sentences were upheld by the Lahore High Court, Rawalpindi Bench, on 20 March 2017. He then filed Jail Petition No. 269 of 2017 in the Supreme Court, claiming that the legal heirs of the deceased had pardoned him and were no longer interested in pursuing the case.

During the hearing, the Supreme Court noted that while the legal heirs had not submitted formal compromise documents, the complainant confirmed their pardon. The Court also considered the mitigating circumstances surrounding the altercation that led to the incident.

The Supreme Court converted the Jail Petition into an appeal and partly allowed it. The death sentences under Section 302(b) PPC were converted to life imprisonment. The compensation of Rs. 500,000 for each deceased was maintained. Sentences under Sections 324, 337F(iii), and 337D PPC* were also maintained. All sentences were ordered to run concurrently with the benefit of Section 382-B Cr.P.C.

The Court emphasized the importance of considering mitigating circumstances and the lack of any motive for false implication by the eyewitnesses. This landmark decision underscores the Supreme Court's commitment to justice and consideration of all relevant circumstances in capital punishment cases. The conversion of petitioner's death sentences to life imprisonment reflects a nuanced approach to sentencing, balancing the severity of the crime with the specific facts and mitigating factors of the case.