| Case ID |
0aa5dd66-7ef3-4aca-aa24-a968a51769ba |
| Body |
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| Case Number |
Criminal Appeals Nos.1798, 437/J of '003 and Murde |
| Decision Date |
Nov 24, 2008 |
| Hearing Date |
Nov 24, 2008 |
| Decision |
The Lahore High Court upheld the convictions and sentences of the appellants, except for Kamil Shah, whose death sentence was reduced to life imprisonment due to his advanced age of over 70 years. The evidence presented demonstrated a strong motive for the murders, as the accused sought revenge for the abduction of Kamil Shah's daughter. The court ruled that the brutal nature of the crimes and the credible eye-witness testimonies supported the prosecution's case, leading to the conclusion that the appellants acted with common intention and premeditation. The decision emphasized that murder based on notions of 'Ghairat' does not qualify as a mitigating circumstance, aligning with previous rulings from the Supreme Court. |
| Summary |
The case involves a brutal murder committed by Kamil Shah and his accomplices, Shukar Shah and Asghar Shah, in retaliation for the abduction of Kamil Shah's daughter, Zubaida Bibi, by Munawar Hussain. The tragic events unfolded in the early hours of June 14, 1996, when the appellants entered the complainant's compound, armed and intent on revenge. The court considered the strong ocular evidence and medical testimony presented during the trial, which collectively established the timeline and circumstances of the murders. The ruling by the Lahore High Court highlighted the critical importance of corroborative evidence in murder cases and reinforced the stance that 'honor killings' are not justifiable under law. The judges underscored the necessity of a robust judicial response to such heinous acts, affirming that the legal framework must protect individuals from extrajudicial retribution based on personal grievances. This case serves as a significant reference point in the ongoing discourse surrounding the legal implications of 'Ghairat' and the societal need to combat honor-based violence. The decision is pivotal in shaping future judicial interpretations of similar cases, ensuring that justice is not only served but is also seen to be served in a society grappling with the complexities of honor-related crimes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Shamim,
Zafar Iqbal Chaudhry
|
| Lawyers |
Syed Zahid Hussain Bokhari,
Syed Faizal Raza Bokhari, Dy. P.-G.
|
| Petitioners |
KAMAL SHAH,
Shukar Shah,
Asghar Shah
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3357,
2009 PCRLJ 547
|
| Other Citations |
Muhammad Akram Khan v. The State PLD 2001 SC 96,
Muhammad Sadiq v. The State 2008 SCMR 171,
Muhammad Ibrahim v. The State 1979 PCr.LJ 275,
Muhammad Aslam Shah v. The State 1993 PCr.LJ 704
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
149,
148
|