Sitting Panel: Sh. Riaz Ahmed, Munir A. Sheikh and Rashid Aziz Khan, JJ

Summary: This case details a criminal petition filed by Muhammad Sharif and Raza Hussain seeking leave to appeal against the judgment of the Lahore High Court, Multan Bench. The High Court had upheld their conviction and death sentences for the murder of Muhammad Yousaf and Muhammad Arif, and injuries to Muhammad Hayat and Imam Bakhsh, under Section 302(b) of the Pakistan Penal Code. The prosecution’s case stemmed from an incident where the petitioners, along with an absconder, attacked the victims during court proceedings related to a previous murder case. The trial court found the petitioners guilty and sentenced them to death, with additional sentences for injuring others.

The Supreme Court, while condoning a 214-day delay in filing the petition due to the death sentence, dismissed the petition, refusing leave to appeal. The main grounds for appeal were the quantum of sentence, with the petitioners arguing that their ages (22 and 27 years) should be considered a mitigating circumstance. However, the Court rejected this argument, stating that these ages “hardly constitutes a mitigating circumstance”. Furthermore, the contention that the deceased had killed the complainant’s father, thus implying private revenge, was also dismissed, as the Court reiterated its stance that “private revenge is not a mitigating circumstance”. The Supreme Court found no reason to interfere with the lower court’s decision

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