| Case ID |
1eecf357-7f96-4f21-8ffa-adeb447b0007 |
| Body |
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| Case Number |
Crl. A. No. 50712-J of 2017 |
| Decision Date |
Apr 04, 2019 |
| Hearing Date |
Apr 04, 2019 |
| Decision |
The Lahore High Court, in its judgment, acquitted the appellants Sami Ullah and Mazhar Iqbal due to insufficient evidence. The prosecution failed to establish the guilt of the appellants beyond a reasonable doubt. The only evidence presented was the sole testimony of a witness who overheard a conversation regarding the murder, which was deemed unreliable due to various factors including the witness's distance from the event and lack of immediate action to report the overheard conversation. The court emphasized that corroborative evidence alone was insufficient for a conviction without substantive proof. Therefore, the appeal was allowed, and the conviction and sentence were set aside, leading to the release of the appellants. |
| Summary |
In the case of Sami Ullah and Mazhar Iqbal vs. State, the Lahore High Court dealt with a serious charge of murder under Section 302(B) of the Penal Code. The court found that the prosecution relied heavily on corroborative evidence, which was insufficient to meet the burden of proof required for a conviction. The primary witness's account was scrutinized as he was a distant observer with no direct connection to the events surrounding the murder. The court underscored the importance of robust evidence in criminal cases, stating that the absence of eye-witness testimony rendered the case weak. The decision highlights significant legal principles regarding the evaluation of evidence and the rights of the accused. Keywords from this case include 'murder', 'corroborative evidence', 'reasonable doubt', and 'criminal law', which are vital for understanding the intricacies of legal proceedings in similar cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
JAVAID GHURAL, JUSTICE
|
| Lawyers |
Mrs. Naila Mushtaq Ahmad Dhoon,
Mr. Muhammad Arshad Kundi,
Syed Muhammad Anees
|
| Petitioners |
MAZHAR IQBAL,
SAMI ULLAH
|
| Respondents |
STATE
|
| Citations |
2021 SLD 2927,
2021 PLJ 315
|
| Other Citations |
PLJ 1998 SC 510,
PLD 1971 SC 541,
1985 SCMR 410,
2014 SCMR 1698,
2016 SCMR 1441,
2017 SCMR 54
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(B)
|