TAHSEEN ULLAH vs State Ss — 2025 SCMR 2018 SUPREME-COURT

Case information

Citation: 2025 SCMR 2018 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: TAHSEEN ULLAH 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

TAHSEEN ULLAH VS State Ss. 302(b), 324, 392 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, robbery, common intention---Reappraisal of evidence---Sentence, quantum of---Mitigating circumstances---Inconsistencies in prosecution evidence---Allegations against the accused-petitioners were that they committed murder of the brother-in-law of complainant by firing during robbery---Record showed that both the Courts below, upon proper appreciation of the evidence available on record, had rightly concluded that the petitioners were guilty of the offences charged and no exception could be taken to their findings---However, insofar as the death sentence awarded to petitioner "TU" was concerned, it was noted that there were certain inconsistencies appearing in the prosecution's case creating doubts which though were not sufficient for acquittal, however, might be considered as extenuating/mitigating circumstance in the matter of sentence---Accordingly, the instant petition to the extent of petitioner "TU" was converted into an appeal and was partly allowed in the terms that his conviction under Section 302(b), P.P.C., was maintained, however, the sentence of death awarded to him was commuted to rigorous imprisonment for life---As regards conviction and sentence of petitioner "SK", no ground was found for interference in the impugned judgment---Petition to the extent of petitioner "SK" was therefore, dismissed and leave to appeal was refused.

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