Case ID |
1a50b929-74dd-4dc0-9c50-87cc4fa7bedb |
Body |
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Case Number |
Criminal Appeals Nos. 251, 323, 339, 584 and Murde |
Decision Date |
Oct 05, 2011 |
Hearing Date |
Oct 05, 2011 |
Decision |
The Lahore High Court, presided by Judges Sardar Muhammad Shamim Khan and Rauf Ahmad Sheikh, delivered a comprehensive judgment on October 5, 2011, addressing multiple criminal appeals and a murder reference from 2006. The court accepted Criminal Appeal Nos. 323 of 2006 and 339 of 2006 filed by appellants Khalid Hussain and Musa, respectively, setting aside their convictions and sentences, thereby discharging them from bail bonds. Additionally, Criminal Appeal No.584 of 2006 filed by the complainant Manzoor Ahmad against the acquittal of Khalid and Musa under section 302, P.P.C., was dismissed. In the matter of Criminal Appeal No.251 of 2006 filed by Peer Bakhsh alias Zulfiqar alias Bhutto, the court partially accepted his appeal. While his conviction under sections 393/34, P.P.C. was set aside, his conviction under section 302(b), P.P.C. was upheld, albeit with the commutation of his death sentence to imprisonment for life. The court maintained the order regarding compensation under section 544-A, Cr.P.C., which remains recoverable as arrears of land revenue or, if unpaid, subject to further imprisonment. The judgment underscores the court's meticulous evaluation of the evidence, the credibility of witnesses, and the legal arguments presented by both the appellants and the state. By addressing each appeal individually and considering the mitigating circumstances, the Lahore High Court delivered a balanced and just decision, ensuring that the principles of law were aptly applied to the facts of the case. |
Summary |
In the landmark case adjudicated by the Lahore High Court on October 5, 2011, multiple criminal appeals and a murder reference from 2006 were meticulously examined and judiciously decided. The case, cited as 2012 SLD 2378 and 2012 YLR 1519, involved appellants Peer Bakhsh alias Zulfiqar alias Bhutto, Khalid Hussain, and Musa, who were charged under sections 302(b) and 393/34 of the Penal Code (XLV of 1860) for the murder of Sajjad Hussain and an attempted robbery. The court, under the leadership of Judges Sardar Muhammad Shamim Khan and Rauf Ahmad Sheikh, evaluated extensive evidence, including eyewitness testimonies and forensic reports from the Forensic Science Laboratory.
Peer Bakhsh was convicted under section 302(b), leading to a death sentence, which was later commuted to life imprisonment by the court. His convictions under section 393/34 were set aside, highlighting the court's nuanced understanding of the charges. Conversely, Khalid Hussain and Musa faced their appeals accepted, resulting in the overturning of their convictions and subsequent discharge from bail bonds. The complainant, Manzoor Ahmad, challenged the acquittals of Khalid and Musa under section 302, P.P.C., but the court dismissed this appeal, affirming the integrity of its earlier decisions.
Key legal arguments centered around the credibility of the witnesses, the validity of the forensic evidence, and the prosecution's failure to establish a concrete motive for the alleged robbery. The appellants' defense questioned the identification of the accused under the dim lighting conditions and the potential for misidentification, drawing parallels with previous cases such as Nazeer Ahmad v. Gehne Khan and others (2011 SCMR 1473). However, the court upheld the reliability of the eyewitness accounts, corroborated by medical evidence, which detailed the fatal injuries inflicted by Peer Bakhsh.
The decision emphasized the importance of meticulous evidence evaluation and adherence to legal standards, ensuring that justice was served based on the merits of each appeal. By commutating the death sentence to life imprisonment and setting aside certain convictions, the Lahore High Court showcased its commitment to equitable justice, balancing legal precedents with the unique circumstances of the case. This judgment not only resolved the immediate legal disputes but also reinforced the framework for handling similar criminal appeals in the future, underscoring the court's pivotal role in upholding the rule of law in Pakistan's judicial system. |
Court |
Lahore High Court
|
Entities Involved |
Lahore High Court,
Forensic Science Laboratory
|
Judges |
Sardar Muhammad Shamim Khan,
Rauf Ahmad Sheikh
|
Lawyers |
Malik Muhammad Saleem,
Ch. Tariq Mahmood Farrukh,
Munir Ahmad Sial, D.P.G.,
Ch. Faqir Muhammad,
Mian Arshad Ali
|
Petitioners |
Peer Bakhsh alias Zulfiqar alias Bhutto
|
Respondents |
The State
|
Citations |
2012 SLD 2378,
2012 YLR 1519
|
Other Citations |
Khan Bakhsh alias Abdul Karim and 2 others v. State (2000 PCr.LJ 1402),
The State v. Fazal Ahmad and another (1970 PCr.LJ 633 (Peshawar)),
Nazeer Ahmad v. Gehne Khan and others (2011 SCMR 1473),
Muhammad and 3 others v. The State (1972 PCr.LJ 1108) (Karachi),
Muhammad Achar v. The State (1991 PCr.LJ 522),
Noor Muhammad v. The State and another (2010 SCMR 97),
Iftikhar Mehmood and another v. Qaiser Iftikhar and others (2011 SCMR 1165)
|
Laws Involved |
Penal Code (XLV of 1860)
|
Sections |
302(b),
393/34
|