| Case ID |
0a18a6e0-20dd-4eaa-83b6-dd6b0baf49e8 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 1937 and Murder Reference No. |
| Decision Date |
Nov 10, 2010 |
| Hearing Date |
Nov 10, 2010 |
| Decision |
The Lahore High Court acquitted the appellant, Khizar Hayat, in a murder case due to lack of credible evidence against him. The prosecution's case was primarily based on the testimonies of two eyewitnesses who were closely related to the deceased. However, their accounts were found to be inconsistent and lacking in corroborative evidence. The court emphasized the principle that in cases of doubt, the benefit must be given to the accused. Since the prosecution failed to establish a strong case beyond reasonable doubt, the conviction and sentence imposed by the trial court were set aside. |
| Summary |
In the case of Khizar Hayat v. The State, the Lahore High Court reviewed the conviction of the appellant under section 302(b) of the Pakistan Penal Code (PPC) for murder. The case revolved around the death of Nasrullah, whose father, Abdul Rehman, filed an FIR based on accounts from two eyewitnesses, Muhammad Ramzan and Imam Bakhsh. The court examined the credibility of the witnesses and found their testimonies questionable due to their failure to identify the deceased during the incident and their delayed reporting to authorities. Medical evidence was also scrutinized but did not link the accused to the crime. The court reiterated the legal principle that the accused is entitled to the benefit of doubt, leading to the acquittal of Khizar Hayat. This case underscores the importance of credible evidence and the rigorous standards required for a murder conviction under Pakistani law. Keywords: murder case, acquittal, Pakistan Penal Code, eyewitness credibility, legal principles. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK,
MUHAMMAD ANWAARUL HAQ
|
| Lawyers |
Bashir Abbas Khan,
Ch. Muhammad Mustafa
|
| Petitioners |
KHIZAR HAYAT
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 2166,
2011 YLR 734
|
| Other Citations |
Ghulam Mustafa and another v. State 2009 SCMR 916,
Ghulam Sikandar and another v. Mamraz Khan and others PLD 1985 SC 11,
Iftikhar Hussain v. The State 2004 SCMR 1185,
Akhtar Ali and others v. The State 2008 SCMR 6,
Rohtas Khan v. The State 2010 SCMR 566,
Noor Muhammad v. The State and another 2010 SCMR 97,
Muhammad Akram v. The State 2009 SCMR 230,
Ayub Masih v. The State PLD 2002 SC 1048
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b)
|