| Case ID |
099cec01-e67f-4402-9ac8-01fc549d0c6d |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 975 of 1991 and Murder Referen |
| Decision Date |
Mar 02, 1993 |
| Hearing Date |
Mar 02, 1993 |
| Decision |
The Lahore High Court altered the conviction of Mazhar Masud from Section 302 of the Penal Code to Section 304, Part 11. The court decided that while the ocular evidence was credible, the circumstances of the case indicated that the injuries inflicted were not sufficient to cause death in the ordinary course of nature. The appellant was sentenced to 10 years rigorous imprisonment and a fine of Rs. 25,000, with an alternative of 6 months' rigorous imprisonment in default of payment. The fine was ordered to be paid to the legal heirs of the deceased as compensation. |
| Summary |
In the case of Mazhar Masud vs. The State, the Lahore High Court heard the appeal concerning the conviction of Mazhar Masud for the murder of Aziz Ahmad. The court found that while eye-witnesses were closely related to the deceased, there was no motive for them to falsely implicate the appellant. The injuries sustained by the deceased were determined to be septic and not sufficient to cause death directly. The court concluded that the offense more appropriately fell under Section 304, Part 11 of the Penal Code, leading to a significant alteration in the sentencing. This case highlights critical aspects of legal interpretations regarding intent, motive, and the sufficiency of evidence in homicide cases. Keywords include 'criminal appeal', 'murder conviction', 'Lahore High Court', 'Penal Code', and 'culpable homicide'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. IJAZ NISAR,
SH. MUHAMMAD ZUBAIR
|
| Lawyers |
Kh. Sarfraz Ahmad,
Ishfaq Bokhari
|
| Petitioners |
Mazhar Masud
|
| Respondents |
The State
|
| Citations |
1993 SLD 1149 = 1993 PLD 293
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
304, Part 11
|