| Case ID |
16b9f831-22c7-4e7d-9ad9-b70a47d86b81 |
| Body |
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| Case Number |
Criminal Appeals Nos. 149-J, 670; Criminal Revisio |
| Decision Date |
|
| Hearing Date |
Jan 17, 2012 |
| Decision |
The prosecution has failed to establish the guilt of the appellants, Muhammad Latif and Muhammad Asghar, beyond a reasonable doubt. The court observed significant delays in the filing of the FIR, potential biases among the prosecution witnesses, and inconsistencies between ocular and medical evidence. The credibility of the witnesses was undermined due to their close relationships with the deceased and prior enmity with the appellants. Additionally, the absence of corroborative evidence and the improbability of the prosecution's narrative led the court to accept the appeals, resulting in the dismissal of the convictions and sentences against the appellants. Muhammad Latif was released, and Muhammad Asghar's surety bonds were discharged. The death sentence awarded to Muhammad Latif was not confirmed, and the Murder Reference was answered in the negative. |
| Summary |
In the landmark decision rendered by the Lahore High Court on January 17, 2012, in Criminal Appeals Nos. 149-J, 670, Criminal Revision No. 634, and Murder Reference No. 229 of 2010, the court meticulously evaluated the convictions of appellants Muhammad Latif and Muhammad Asghar. The case, cited as 2013 SLD 2589 and 2013 YLR 1257, revolved around severe charges under the Penal Code (XLV of 1860), specifically sections 302(b)/149 and 324/149, pertaining to Qatl-e-amd and attempt to commit Qatl-e-amd.
The appellants were initially convicted based on testimonies from closely related witnesses who harbored longstanding enmity towards them. Key prosecution witnesses, including Basharat Ali and Abdul Haq, provided ocular accounts that were later found to be inconsistent with medical evidence. The court highlighted the delayed lodging of the FIR, potential witness tampering, and the improbability of the prosecution’s narrative, especially considering the physical barriers that made the alleged shootings unlikely.
Medical examinations revealed discrepancies between the injuries described by the witnesses and the forensic reports, further casting doubt on the prosecution's case. The absence of independent corroborative evidence and the questionable credibility of the witnesses played a pivotal role in the court's decision to dismiss the convictions. Additionally, the court found that the motives presented could equally suggest false implications rather than actual guilt, emphasizing that abscondence does not equate to culpability.
This decision underscores the judiciary's commitment to ensuring fair trials and the importance of credible evidence. It serves as a critical reminder of the necessity for unbiased witness testimonies and the rigorous scrutiny of forensic evidence in criminal proceedings. The dismissal of the appeals resulted in the immediate release of Muhammad Latif and the discharging of Muhammad Asghar's surety bonds, marking a significant victory for justice and legal integrity. |
| Court |
Lahore High Court
|
| Entities Involved |
The STATE,
Muhammad Asghar,
Muhammad Hanif,
Muhammad Sarwar,
Abdul Haq,
Sabir Hussain,
Basharat Ali,
MUHAMMAD LATIF,
Mst. Zakia Bano,
Ch. Manzoor Hussain,
Zahid Hussain Khan,
Mrs. Erum Sajjad Gul,
Ch. Ghulam Mustaf
|
| Judges |
MANZOOR AHMAD MALIK,
MALIK SHAHZAD AHMAD KHAN
|
| Lawyers |
Mrs. Erum Sajjad Gul,
Ch. Ghulam Mustaf,
Zahid Hussain Khan
|
| Petitioners |
MUHAMMAD LATIF,
Muhammad Asghar
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 2589,
2013 YLR 1257
|
| Other Citations |
Ashrar alias Ashroo and another v. The State 2005 PCr.LJ 1489,
Amanullah and 4 others v. The State PLD 1978 Karachi 792,
Umar Hayat and others v. The State 1997 SCMR 1076,
Amin Ali and another v. The State 2011 SCMR 323,
Muhammad Ishaq v. The State 2007 SCMR 108,
Ali Sher and others v. The State 2008 SCMR 707,
Muhammad Pervez and others v. The State and others 2007 SCMR 670,
Said Ahmad's case 1981 SCMR 795,
Muhammad Rafique and others v. The State and others 2010 SCMR 385,
Barkat Ali v. Muhammad Asif and others 2007 SCMR 1812 ref.
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
149,
324
|