Lack of clarity about fatal injuries

Mst. Sabeeha v. Ibrar & Others (2012 SCMR 74)

The death penalty should not be awarded where a specific role and a fatal injury cannot be attributed to an accused person during an incident of indiscriminate firing by multiple persons.

Hassan and Others v. State and Others (PLD 2013 SC 793)

Mitigating factors that prevent the imposition of the death penalty include: (1) lack of premeditation – which can be evidenced by the incident occurring at the ‘spur of the moment’; (2) failure to inflict repeat injuries where there was opportunity to do so; (3) co-accused received a lesser sentence; and (4) lack of clarity about who inflicted the fatal injuries. Further, a death sentence should be commuted to life where the accused has already served a full life term of imprisonment (25 years), giving rise to the ‘expectancy of life’ doctrine.