| Case ID |
160e8c84-98d7-4a64-a49f-8d9b4a0a1785 |
| Body |
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| Case Number |
Criminal Appeal No.26 and Murder Reference No.67 o |
| Decision Date |
Oct 13, 2008 |
| Hearing Date |
Oct 13, 2008 |
| Decision |
The Lahore High Court upheld the convictions of the appellants for the murder of Nazar Hussain and Muhammad Hussain, and for causing injuries to Sajjad Hussain. The court maintained the death sentences for the double murder, emphasizing that the law does not recognize a system of private revenge, and that the attack was premeditated. The court found that the accused had formed an unlawful assembly and had attacked the complainant and his party with sharp-edged weapons inside the courtroom. The High Court dismissed the appeal and confirmed the trial court's sentences, noting the gravity of the offenses and the lack of mitigating circumstances. |
| Summary |
This case revolves around a violent incident that occurred inside the courtroom of the Sessions Judge in Dera Ghazi Khan, leading to the murder of two individuals, Nazar Hussain and his father Muhammad Hussain, and injuries to Sajjad Hussain. The appellants, Zafar Hussain and four others, were charged with murder and attempted murder under the Penal Code. The trial revealed that the accused attacked the complainants with sharp weapons, resulting in serious injuries and fatalities. The court highlighted that the attack was not spontaneous but rather premeditated, occurring in a public place where the law was expected to prevail. The court's decision emphasized the importance of maintaining order and justice within the judicial system, rejecting claims of traditional revenge as a justification for such violence. The final ruling reaffirmed the principle that the law must be upheld regardless of personal grievances, leading to the confirmation of the death penalty for the appellants. This case underscores the critical intersection of law, justice, and societal norms, reflecting ongoing debates about the role of tradition in modern legal frameworks. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Kazim Ali Malik,
Rana Zahid Mahmood
|
| Lawyers |
Sahibzada Farooq Ali,
Qazi Saddar-ud-Din Alvi,
Rai Muhammad Zahid,
Zulfiqar Ali Sidhu
|
| Petitioners |
Nazir Ahmad,
ZAFAR HUSSAIN,
Ghulam Shabbir,
Safdar Hussain,
Wazir Ahmad
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3300,
2009 PCRLJ 300
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
324,
148,
149,
342
|