| Case ID |
16373b76-7ce4-48e8-8712-d1471105879c |
| Body |
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| Case Number |
Criminal Appeal No. 126 and Murder Reference No. 2 |
| Decision Date |
Nov 25, 2014 |
| Hearing Date |
Nov 25, 2014 |
| Decision |
The Lahore High Court upheld the conviction of Ibrar Hussain for the murder of Nayyar Abbas, reducing the death sentence to life imprisonment due to mitigating circumstances. The court noted that the appellant inflicted a single stab wound and was a minor at the time of the offense. The prosecution's evidence was deemed sufficient to establish guilt beyond a reasonable doubt, despite concerns regarding motive and the recovery of the murder weapon. The court maintained the direction for compensation to the deceased's heirs. |
| Summary |
In the case of Ibrar Hussain v. The State, the Lahore High Court addressed vital issues surrounding the conviction for murder under section 302(b) of the Penal Code (XLV of 1860). The court examined the testimonies of key witnesses, including Muhammad Faisal and Mian Muhammad, who provided ocular accounts of the incident where Ibrar Hussain allegedly stabbed Nayyar Abbas. Despite the absence of a clear motive and the questionable recovery of the knife, the court determined that the evidence presented was compelling enough to affirm the conviction. However, given the appellant's age at the time of the crime and the nature of the offense, the death penalty was converted to life imprisonment. This case underscores the importance of evaluating witness credibility and the implications of juvenile sentencing in capital cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Mazhar Iqbal Sidhu,
Sikandar Zulqarnain Saleem,
Ibrar Hussain
|
| Lawyers |
Muhammad Bashir Paracha,
Muhammad Usman Mirza,
Muzafar
|
| Petitioners |
Ibrar Hussain
|
| Respondents |
The State
|
| Citations |
2016 SLD 2232,
2016 YLR 920
|
| Other Citations |
Criminal Appeal No. 24-L of 2009,
Khalid Saif Ullah v. The State 2008 SCMR 688,
Basharat and another v. The State 1995 SCMR 1735,
Muhammad Jamil v. Muhammad Akram and others 2009 SCMR 120,
Javid Iqbal v. The State 1982 SCMR 447
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|