| Case ID |
1e23e4ae-f573-44c2-8193-61752501be10 |
| Body |
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| Case Number |
Jail Criminal Appeal No. 1-I of 2021 |
| Decision Date |
Apr 30, 2021 |
| Hearing Date |
Apr 06, 2021 |
| Decision |
The appeal against the conviction of Muhammad Fazil was dismissed. The court upheld the trial court's decision, stating that the prosecution had successfully proven its case against the accused beyond a reasonable doubt. The key evidence was the dying declaration of the complainant, which was corroborated by multiple witnesses. The court emphasized the reliability of the dying declaration, which was recorded in the presence of independent witnesses. The medical evidence also supported the claims made by the complainant regarding the injuries sustained. The judgment concluded that the circumstances surrounding the case and the evidence presented were sufficient to affirm the conviction and sentence of life imprisonment. |
| Summary |
The case revolves around the conviction of Muhammad Fazil for the murder of Muhammad Karim, who was robbed and subsequently died from injuries inflicted by the accused. Key evidence included a dying declaration made by the complainant, which was recorded shortly before his death, and corroborated by independent witnesses. The prosecution established a strong link between the accused and the crime through medical evidence and witness testimonies, leading to the dismissal of the appeal and the upholding of the life imprisonment sentence. This case highlights the importance of dying declarations in criminal proceedings and the legal standards for their admissibility. Keywords include 'murder conviction', 'dying declaration', 'criminal appeal', 'evidence in court', and 'legal standards'. |
| Court |
Federal Shariat Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD NOOR MESKANZAI, C.J.,
DR. SYED MUHAMMAD ANWER, J
|
| Lawyers |
Riaz Hussain Azam for Appellant,
Ameer Hamza Mengal, Deputy Prosecutor General, Balochistan for the State,
|
| Petitioners |
MUHAMMAD FAZIL
|
| Respondents |
The STATE,
Riaz Hussain Azam
|
| Citations |
2022 SLD 3010,
2022 YLR 754
|
| Other Citations |
Niaz-ud-Din and another v. The State 2011 SCMR 725,
Mushtaq Ahmad and another v. The State 1973 PCr.LJ 1075,
Sirajuddin v. The State 1990 SCMR 588,
Niaz Ahmad v. The State PLD 2003 SC 635,
Mst. Amina and another v. The State 2013 PCr.LJ 962,
Hazoor Bux and 5 others v. S.I.O. Police Station Khanpur Mahar and 3 others 2011 PCr.LJ 1454,
Shahban Bheri v. The State 2014 MLD 663
|
| Laws Involved |
Penal Code (XLV of 1860),
Offences Against Property (Enforcement of Hudood) Ordinance, 1979,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302,
324,
17(4),
46
|