BASHIR-UD-DIN vs State Ss — 2025 SCMR 1380 SUPREME-COURT

Case information

Citation: 2025 SCMR 1380 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: BASHIR-UD-DIN vs State Ss
Subject matter: Criminal

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

BASHIR-UD-DIN VS State Ss. 302(b), 396 & 460---Qatl-i-amd, dacoity with murder, person jointly concerned in lurking house-trespass or house-breaking by night---Reappraisal of evidence---Motive not proved---Mitigating circumstance---Quantum of sentence---Accused were charged that they entered into the home of complainant, tied his and his wife's hands and one of them murdered his son---Record showed that the prosecution's case revealed two conflicting narratives regarding the motive---One asserted that the murder occurred during a robbery/dacoity, while the other proposed the possibility of targeted killing---Consequently, the true motive remained shrouded in mystery---Both versions had surfaced in the evidence, yet neither diminished the culpability of the appellants, nor any of the versions was supported by cogent evidence---Where the motive for the offence is shrouded in mystery then the extreme penalty of death is not warranted---Additionally, given that four individuals were implicated in the crime, the investigation and identification parade did not attribute a specific role to each appellant with respect to inflicting that injury---Said factual matrix, while not exonerating the appellants, constituted a relevant mitigating circumstance in the assessment of their respective culpabilities and the quantum of sentence---Thus, death sentence of the appellants was modified to the sentence of life imprisonment--- Appeal was dismissed with said modification in sentence.

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