SHABEER ALI vs State Ss — 2025 SCMR 802 SUPREME-COURT

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SHABEER ALI VS State Ss. 302(b), 324, 337-F(i), 337-F(ii) & 452---Constitution of Pakistan, Art. 10A---Criminal Procedure Code (V of 1898), Ss. 237, 342 & 537---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah damiyah, ghayr-jaifah badi'ah and house-trespass---Re-appraisal of evidence---Right to a fair trial---Defective charge---Fact not confronted to accused---Grave procedural irregularity---Effect---Sentence reduced---Accused was convicted by Trial Court for committing three murders and was sentenced to death on three counts---Validity---Omission to frame a charge for a distinct offence is a substantial illegality, rendering the trial a nullity--- Such omission is not a mere irregularity, that can be cured under section 537, Cr.P.C. rather, is a defect, that strikes at the root of proceedings, necessitating intervention to prevent miscarriage of justice---Procedural safeguard under section 342, Cr.P.C. ensures that accused is confronted with all incriminating evidence to afford him opportunity to explain circumstances against him---Omission to "frame a charge", coupled with failure to put a material accusation to accused under section 342, Cr.P.C., was a grave procedural irregularity that could not be remedied under section 537, Cr.P.C., as it resulted in a fundamental breach of the right to a fair trial---In such mitigating circumstances imposition of maximum penalty was not warranted---Absence of a proven motive, coupled with circumstances indicating absence of premeditation, necessitated reconsideration of quantum of punishment---Accused was entitled to a lesser sentence, as Courts are obligated to ensure that punishment awarded is proportionate to facts and circumstances of case---Supreme Court maintained conviction of accused but converted sentence of death into imprisonment for life---Appeal was allowed.

SHABEER ALI vs State Ss — 2025 SCMR 802 SUPREME-COURT

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