| Case ID |
1eff560c-eb39-40a4-a624-e4b01887c12e |
| Body |
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| Case Number |
Criminal Appeal No. 60-L of 2009 |
| Decision Date |
May 09, 2017 |
| Hearing Date |
May 09, 2017 |
| Decision |
The Supreme Court of Pakistan partly dismissed the appeal of Allah Wasaya and Shaukat Ali but modified the sentence of death awarded to Allah Wasaya to life imprisonment due to the absence of direct motive, considering it a mitigating circumstance. The court upheld the convictions for murder and attempted murder based on strong ocular and medical evidence. The compensation ordered by the lower courts was also maintained. Shaukat Ali's death sentence was converted to life imprisonment, and he had already been released from jail. The court extended the benefit of section 382-B, Cr.P.C. to all convicts, and sentences were ordered to run concurrently. |
| Summary |
In the case of Allah Wasaya and Shaukat Ali v. The State, the Supreme Court of Pakistan addressed serious charges of murder and attempted murder under the Penal Code. The court highlighted the importance of timely reporting of the incident and the corroborating evidence from eyewitnesses and medical reports. The prosecution successfully established the guilt of the appellants beyond a reasonable doubt, leading to their convictions. However, the court took into account the mitigating circumstances surrounding Allah Wasaya's case, particularly the lack of direct motive, which resulted in a modification of his sentence. This case underscores the complexities of criminal law and the judicial system's role in ensuring justice while considering individual circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK, JUSTICE,
SARDAR TARIQ MASOOD, JUSTICE,
MAZHAR ALAM KHAN MIANKHEL, JUSTICE
|
| Lawyers |
Ch. Walayat Ali, Advocate Supreme Court for Appellants,
Mazhar Sher Awan, Additional P.G. for the State
|
| Petitioners |
Shaukat Ali,
Allah Wasaya
|
| Respondents |
The State
|
| Citations |
2017 SLD 1369 = 2017 SCMR 1797
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Code of Criminal Procedure
|
| Sections |
302(b),
324,
34,
544-A,
382-B
|