| Case ID |
1f661d86-42a4-4d89-9589-1e7d58756342 |
| Body |
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| Case Number |
Crl. Appeal No. 375-P of 2015 |
| Decision Date |
Dec 12, 2018 |
| Hearing Date |
Dec 12, 2018 |
| Decision |
The Peshawar High Court accepted the appeal of Abdul Jabar against his conviction and life imprisonment for the murder of Aziz Ullah. The court found that the prosecution's evidence was insufficient to establish guilt beyond a reasonable doubt. Notably, the so-called 'dying declaration' of the deceased was deemed unreliable due to the victim's medical condition at the time of the statement. The court highlighted that the testimonies of key eyewitnesses were not credible, and there was no corroborative evidence to support the claims against the appellant. Consequently, the court acquitted Abdul Jabar of all charges and set aside the previous conviction and sentence. |
| Summary |
The case revolves around the criminal appeal by Abdul Jabar against his conviction for the murder of Aziz Ullah under Sections 302 and 34 of the Pakistan Penal Code. The incident occurred on September 18, 2010, and involved a dispute over trees. The initial FIR indicated that the accused fired upon the complainant, who later succumbed to his injuries. However, the High Court found significant flaws in the prosecution's case, including the reliability of eyewitness accounts and the credibility of the dying declaration. The court emphasized the lack of corroborative evidence and discrepancies in witness testimonies. The decision to acquit Abdul Jabar highlights the importance of substantial evidence in securing a conviction within the criminal justice system. This case serves as a crucial reference for legal practitioners regarding the standards of proof required in murder cases, particularly when relying on dying declarations and eyewitness accounts. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Rooh-ul-Amin Khan,
Qalandar Ali Khan,
Abdul Jabar
|
| Lawyers |
Syed Abdul Fayaz,
Mr. Bashir Ahmed Khan,
Ms. Zarmina Gul,
Mr. Hussain Ali
|
| Petitioners |
Syed Abdul Fayaz,
Mr. Bashir Ahmed Khan
|
| Respondents |
Ms. Zarmina Gul,
Mr. Hussain Ali
|
| Citations |
2019 SLD 307,
2019 PLJ 245
|
| Other Citations |
2018 PCr.LJ (Note) 66,
2016 PCr.LJ 836,
2016 PCr.LJ (Note) 36,
2016 PCr.LJ (Note) 90,
2015 MLD 690,
2003 PCr.LJ 1186
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
34,
302
|