MUSHTAQUE HUSSAIN vs State S — 2021 SCMR 1783 SUPREME-COURT

Case information

Citation: 2021 SCMR 1783 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUSHTAQUE HUSSAIN vs State S
Subject matter: Criminal
Provisions referred to: S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUSHTAQUE HUSSAIN VS State S. 302(b)---Qatl-i-amd---Petition seeking enhancement of sentence from life imprisonment to death sentence, dismissal of---Imprisonment for life already served out by the convict---Effect---Accused was convicted under S. 302(b), P.P.C. by the Trial Court and sentenced to death---High Court altered the sentence into imprisonment for life---Plea of complainant that given the brutality inflicted upon the deceased, reflected by as many as eight entry wounds with corresponding exits, there was no occasion for the High Court to alter penalty of death into imprisonment for life---Validity---As per report submitted by the Superintendent Jail, accused had since been released after serving out his sentence, reckoned in prison role as 16-years 5-months 1-day, remissions included---After dismissal of his appeal before the High Court albeit with reduction in sentence, accused had contently retired to his fate Imprisonment for life was a legal sentence and has already been served out by the accused, and, thus, enormity of his crime notwithstanding, he could not be recalled so as to be dispatched to the gallows for the offence for which he had endured imprisonment for life---Petition for leave to appeal seeking enhancement of sentence of accused was dismissed.

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