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MUHAMMAD SHOBAN vs State S — 2022 SCMR 1608 SUPREME-COURT

Case information

Citation
2022 SCMR 1608 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
MUHAMMAD SHOBAN 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

MUHAMMAD SHOBAN VS State S. 302(b)--- Qatl-i-amd--- Quantum of sentence--- Motive not established---Effect---Absence of motive or absence of proof of the same would be a sufficient mitigating circumstance to determine the quantum of sentence. Head NotesCase Description Citation Name: 2022 SCMR 1608 SUPREME-COURTBookmark this Case MUHAMMAD SHOBAN VS State Ss. 302(b) & 337-F(iii)---Qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---Death sentence reduced to life imprisonment---Motive not established---In the present case, the motive alleged by the prosecution was of illicit relations of the accused with the sister-in-law of the deceased and the alleged words of reprimand by the deceased to the accused and his co-accused in the evening preceding the day of occurrence---Burden to prove the motive part of the occurrence was upon the prosecution but record of the case revealed that the same was alleged in the FIR but was not been proved---Merely alleging a motive would not be sufficient to accept and rely upon the same---Prosecution had failed to prove the motive alleged in the FIR, benefit of which for the purpose of quantum of sentence would have to go to the accused---Accused in the given circumstances, could not be awarded major penalty of death---Conviction of accused under section 302(b), P.P.C., was maintained, however sentence of death awarded to him was converted into life imprisonment---Appeal was partly allowed. Head NotesCase Description

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