| Case ID |
0bb7b32e-28ec-4569-a61e-6f78e1dbb127 |
| Body |
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| Case Number |
Criminal Appeal No. 47 of 2018 |
| Decision Date |
Nov 15, 2019 |
| Hearing Date |
Sep 13, 2019 |
| Decision |
In this case, the Balochistan High Court reviewed the conviction of Ghulam Nabi for the murder of his daughter Sehrish. The court found that there was no premeditation or serious dispute that could justify a conviction under section 302(c) of the Penal Code. The evidence presented showed that the accused acted without intention to commit murder, thus the court modified the conviction to section 316 of the Penal Code, sentencing him to ten years of imprisonment and requiring him to pay compensation to the victim's mother. The appeal was dismissed, affirming the modified judgment. |
| Summary |
The case revolves around the tragic incident involving Ghulam Nabi, who was convicted for the death of his daughter, Sehrish. This case highlights critical aspects of criminal law, specifically regarding the definitions of murder and culpable homicide under the Penal Code. The court thoroughly examined the evidence, including eyewitness testimonies and medical reports, to determine the nature of the crime committed. Key arguments revolved around the delay in lodging the FIR and the credibility of the witnesses. The ruling emphasizes the importance of intent in legal definitions of murder, ultimately leading to a conviction under a lesser charge. This case serves as a significant reference point for understanding how courts interpret intent within the framework of criminal law, making it an essential study for legal practitioners and scholars alike. Keywords include 'criminal law', 'Penal Code', 'murder conviction', 'eyewitness testimony', and 'legal intent'. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ROZI KHAN BARRECH, J
|
| Lawyers |
Syed Ayaz Zahoor,
Mrs. Robina Shaheen,
Wajahat Khan Ghaznavi
|
| Petitioners |
GHULAM NABI
|
| Respondents |
THE STATE
|
| Citations |
2020 SLD 1364 = 2020 YLR 985
|
| Other Citations |
Muhammad Zubair v. State 2007 SCMR 437,
Mushtaq Hussain and another v. State 2011 SCMR 45,
Nasir Iqbal alias Nasra and another v. The State 2016 SCMR 2152
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
300,
315,
302(c)
|