livelawpk.com - Revenge is Mitigating Substance in Death Sentence Cases

Supreme Court Reduces Death Sentences pertaining to Revenge Attack at Attock Courthouse Leaving Two Dead --- SCP

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Supreme Court Reduces Death Sentences pertaining to Revenge Attack at Attock Courthouse Leaving Two Dead --- SCP

Islamabad 04-06-2024: In a recent ruling, the Supreme Court of Pakistan decided the Criminal Appeals [Criminal Appeal No. 443 of 2019 along with connected cases]. The Full Bench of Honourable Supreme Court of Pakistan consisting of Mr. Justice Syed Hasan Azhar Rizvi, Ms. Justice Musarrat Hilali and Mr. Justice Naeem Akhtar Afghan observed factual and legal aspects of the case. According to the facts of the case revealed from the judgment, two men's death sentences for a fatal shooting at an Attock courthouse have been overturned by the Supreme Court, with their convictions reduced to life imprisonment. The incident, stemming from a land dispute, claimed the lives of two people and injured another. Three suspects were initially named, but one was later cleared of wrongdoing. The remaining two faced murder and terrorism charges. One convict escaped custody but was eventually recaptured. Both received the death penalty at trial. On appeal, one sentence was commuted to life imprisonment, while the other was upheld. Both surviving convicts appealed to the Supreme Court, as did the complainant seeking a harsher sentence for one defendant.

The defense argued Abrar Ahmad Farooq was innocent and Iftikhar Ahmad acted alone. Witness statements and Farooq's alibi placed him inside the courthouse during the shooting. Ballistic evidence linked weapons recovered from both men to the crime scene. Police witness testimony placed both defendants at the scene. The court found the motive was personal revenge, not terrorism, and thus the Anti-Terrorism Act charges were inapplicable. The Supreme Court acknowledged revenge killings as a mitigating factor in sentencing.

Ruling of the Supreme Court of Pakistan:

Farooq's murder conviction was upheld, but his death sentence was reduced to life imprisonment with compensation to the victims' families. His Anti-Terrorism Act conviction was overturned.
Ahmad's murder conviction was also upheld, with his death sentence reduced to life imprisonment and the same compensation order as Farooq. However, his five-year sentence for possessing weapons under the Anti-Terrorism Act was maintained. His conviction for the shooting under the Anti-Terrorism Act was overturned. Both his sentences will run concurrently.
The appeal from the complainant seeking a harsher sentence for Ahmad was dismissed.

This case highlights the complexities of sentencing in murder cases, particularly when revenge is a motive. The Supreme Court's decision emphasizes the importance of considering all circumstances before imposing the death penalty.