| Case ID |
09b12982-e6c4-4a29-b138-5caaf4e6c43f |
| Body |
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| Case Number |
Crl. Appeal No. 9 of 2003 and Reference No. 12 of |
| Decision Date |
Dec 31, 2004 |
| Hearing Date |
Dec 31, 2004 |
| Decision |
The court found that while the prosecution established the guilt of Tariq Mahmood for the murder of Gul Zareen, the motive behind the murder was weak and ambiguous. The absence of a strong motive led the court to convert the death sentence into life imprisonment, reflecting the legal principle that a lack of clear motive can influence sentencing. The court emphasized that the prosecution's evidence was credible and corroborated, but the circumstances surrounding the case suggested that the extreme penalty of law should not be imposed. The decision underlines the importance of both the intrinsic value of evidence and the context of the alleged crime in determining appropriate punishment. |
| Summary |
In the case of Tariq Mahmood vs. State, the High Court (AJ&K) adjudicated on a criminal appeal concerning the murder of Gul Zareen. The court evaluated the evidence presented by the prosecution, which included testimonies from eyewitnesses, corroborative evidence, and the circumstances surrounding the incident. The court concluded that while the evidence sufficiently proved the appellant's involvement in the murder, the prosecution's motive was deemed insufficient and unclear. As a result, the court decided to convert the death penalty to life imprisonment, emphasizing that the credibility of witnesses is not solely dependent on their relationship to the victim. The case highlights significant legal principles regarding the appreciation of evidence, the necessity for corroboration, and the role of motive in criminal proceedings, making it a landmark decision in the context of criminal law in Pakistan. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Iftikhar Hussain Butt,
Raja Muhammad Ashraf Kayani
|
| Lawyers |
Ch. Ali Muhammad Chacha,
Ch. Khalid Rasheed,
Sardar Muhammad Raziq Khan
|
| Petitioners |
TARIQ MAHMOOD and others
|
| Respondents |
STATE and others
|
| Citations |
2005 SLD 3957,
2005 PLJ 62
|
| Other Citations |
PLD 1963 SC 17,
PLD 1964 Karachi 264,
PLD 1965 Karachi 76,
PLD 1969 SC 27,
1971 SCMR 432,
PLD 1976 SC 241,
PLJ 1978 Cr.Cases (Lah) 16,
PLJ 1982 Cr.Cases (Lah) 295,
PLJ 1990 Cr.Cases (Kar) 418 435,
1994 SCR 275
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860 (XLV of 1860)
|
| Sections |
103,
302
|