LIAQAT HUSSAIN vs State Sentence, quantum of — 2024 SCMR 1600 SUPREME-COURT

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LIAQAT HUSSAIN VS State Sentence, quantum of---Single mitigating circumstance---Single mitigating circumstance, available in a particular case, would be sufficient to put a Judge on guard for not awarding the penalty of death but imprisonment for life. Citation Name: 2024 SCMR 1600 SUPREME-COURTBookmark this Case LIAQAT HUSSAIN VS State Ss. 302(b), 324, 337-D & 337-F(iii)---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, ghayr-jaifah-mutalahimah---Reappraisal of evidence---FIR of the occurrence was promptly lodged---Record did not reveal of any motive on the part of eye-witnesses of the occurrence to falsely implicate the convict---Unshaken and confidence inspiring testimony of eye witnesses and unshaken testimony of injured witness duly corroborated by the medico legal evidence; recovery of crime empties from the place of occurrence; blood stained clothes of the deceased and injured; blood stains collected from the place of occurrence; reports of the chemical expert/serologist; and recovery of crime weapon on the pointation of the convict supported by positive report of the firearm expert of the Punjab Forensic Science Agency proved the charge against the convict beyond reasonable doubt---Conviction of accused under sections 302(b), 324, 337-D & 337-F(iii), P.P.C was maintained---Petition was converted into an appeal and was partially allowed. Citation Name: 2024 SCMR 1600 SUPREME-COURTBookmark this Case LIAQAT HUSSAIN VS State Ss. 302(b), 324, 337-D & 337-F(iii)---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, ghayr-jaifah-mutalahimah---Reappraisal of evidence---Sentence, reduction in---Compromise between parties---In the instant case though the complainant and legal heirs of the deceased had not filed compromise documents (in court) but the complainant had made a statement before the Supreme Court that the legal heirs of both the deceased had pardoned the convict and they were not interested to further pursue the matter---Such circumstance coupled with motive of the occurrence and altercation of the convict with the deceased prior to the occurrence were considered as mitigating circumstances to reduce the sentence of death of the convict under section 302(b), P.P.C. as Ta'zir to imprisonment for life---Petition was converted into an appeal and was partly allowed, the conviction awarded to the petitioner under section 302(b). P.P.C was maintained, however his sentence of death on two counts was converted to that of imprisonment for life.

LIAQAT HUSSAIN vs State Sentence, quantum of — 2024 SCMR 1600 SUPREME-COURT

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