| Case ID |
092361ae-a18b-4515-8b21-0fc182e84815 |
| Body |
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| Case Number |
Criminal Jail Appeal No. S 1 of 2002 |
| Decision Date |
Oct 12, 2002 |
| Hearing Date |
Sep 28, 2002 |
| Decision |
The Balochistan High Court upheld the conviction and life imprisonment of Bashir Ahmad for the murder of Naseer Khan. The court found that the sole eyewitness, Mir Hassan, provided a credible account of the incident, corroborated by medical evidence and the unexplained abscondence of the accused for seven years. The court ruled that the presence of the eyewitness at the scene was justified, and his relationship to the deceased did not undermine the reliability of his testimony. The trial court's judgment was deemed well-reasoned, and the appeal was dismissed as having no merit. |
| Summary |
In the case of Bashir Ahmad vs. The State, the Balochistan High Court addressed the appeal of Bashir Ahmad, who was convicted under section 302 of the Penal Code for the murder of Naseer Khan. The court examined the evidence presented, notably the testimony of Mir Hassan, the son of the deceased, who was the sole eyewitness. The court found that the motive for the murder was established, as it stemmed from a dispute over a sum of money related to flood relief. The evidence provided by the prosecution included corroborative testimonies and medical reports that confirmed the cause of death. Despite the defense's attempts to challenge the credibility of the eyewitness, the court ruled that his account was reliable. The decision emphasized that the relationship of the eyewitness to the deceased did not discredit his testimony, and the unexplained abscondence of the accused further supported the prosecution's case. The appeal was ultimately dismissed, affirming the trial court's sentence of life imprisonment for the appellant. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
AKHTAR ZAMAN MALGHANI,
MUHAMMAD NADIR KHAN
|
| Lawyers |
Amanullah Kanrani,
Abdul Raheem Mengal
|
| Petitioners |
BASHIR AHMAD
|
| Respondents |
THE State
|
| Citations |
2003 SLD 3922,
2003 PLD 60
|
| Other Citations |
Riaz Hussain v. The State 2001 SCMR 177,
Luqman v. The State PLD 2001 Pesh. 140
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|