| Case ID |
11a54ba1-c03d-42cf-b3ae-573323ff6859 |
| Body |
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| Case Number |
Criminal Appeal No. 808 and Criminal Revision No. |
| Decision Date |
Jul 07, 2006 |
| Hearing Date |
Jun 19, 2006 |
| Decision |
The case revolves around the conviction of Asar Ali, who was found guilty of attempting to murder Muhammad Zada by firing upon him. The trial court sentenced Asar Ali to five years of rigorous imprisonment under Section 324 of the Pakistan Penal Code and ordered him to pay Rs. 80,000 as 'Arsh' to the complainant under Section 337(d). The appeal filed by Asar Ali contested the trial court's judgment, claiming that the evidence was not appreciated correctly. However, the high court upheld the trial court's decision, stating that the prosecution had proven its case beyond a reasonable doubt. The ocular testimony of the complainant and other eyewitnesses was found to be reliable, and the prompt lodging of the FIR ruled out any possibility of consultation or fabrication of evidence. The appeal and revision were ultimately dismissed. |
| Summary |
The case of Asar Ali vs. Muhammad Zada involves serious charges under the Pakistan Penal Code. Asar Ali was accused of attempting to murder Muhammad Zada during a dispute over land. The incident occurred on December 18, 2004, when both parties were armed, and Asar Ali fired at Muhammad Zada, resulting in injury. The trial court found Asar Ali guilty, leading to a five-year sentence and a substantial fine. The case emphasizes the importance of prompt reporting and the reliability of eyewitness accounts in criminal proceedings. The court highlighted that the quality of evidence is paramount, and the prosecution's case was supported by medical evidence and eyewitness testimony. The appeal process reinforced the conviction, demonstrating the judicial system's commitment to upholding justice. This case serves as a significant reference point in criminal law, particularly concerning the evaluation of evidence and the application of the Pakistan Penal Code. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN, J
|
| Lawyers |
Jalal-ud-Din Akbar Azam,
Sajid Ali,
Shad Muhammad Khan
|
| Petitioners |
Asar Ali
|
| Respondents |
another,
Muhammad Zada
|
| Citations |
2007 SLD 437,
2007 PLD 17
|
| Other Citations |
Habibullah and others v. The State PLD 1969 SC 127,
Malik Din and another v. Muhammad Aslam PLD 1969 SC 136,
Muhammad Jehangir alias Badshah and another v. The State 1995 SCMR 1715,
Muhammad Shafqat Baig v. Ch. Mazhar Hussian Minhas, Additional District Judge, Rawalpindi and others 1995 SCMR 1720,
Mst. Jallan v. Muhammad Riaz and others PLD 2003 SC 644
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
324,
337(d),
34
|