| Case ID |
205c88e8-5821-4ee4-8618-b39e6bbb4391 |
| Body |
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| Case Number |
Crl. A. No. 343 of 2008 |
| Decision Date |
Sep 17, 2019 |
| Hearing Date |
Sep 17, 2019 |
| Decision |
The Lahore High Court allowed the appeal of the appellants, partially acquitting them of the charge under Section 302(b) PPC, while upholding their convictions under Sections 324, 337-A(ii), 337-F(i), and 337-L(ii) PPC. The appellants were sentenced to time already served for these offenses, and were required to pay Diyat and Daman as per the relevant sections of the law. The court determined that the prosecution had not conclusively proven intentional murder, categorizing the offense instead as Qatl-i-Shibh-Amd, leading to a modification in the convictions and sentences. The decision highlights the necessity of clear evidence for a conviction of intentional murder, reflecting on the nuances of the legal standards applied in such cases. |
| Summary |
This case revolves around a violent incident leading to the death of Ahmad Nawaz and injuries to his brother Habib Nawaz. The appellants, including Allah Bakhsh, were accused of attacking the victims with blunt weapons while they were en route to a tuition center. The prosecution argued that the attack was premeditated, stemming from a prior altercation between the complainant's family and the appellants. The medical examination revealed serious injuries sustained by both victims, with Ahmad Nawaz succumbing to his injuries days later. The trial court found the appellants guilty of murder and attempted murder, imposing severe sentences. However, during the appeal, the Lahore High Court scrutinized the evidence, particularly the nature of the injuries and the intent behind the attack, ultimately deciding that the appellants did not commit intentional murder but were guilty of lesser charges, resulting in a modification of their sentences. This case underscores the complexities of criminal law in determining intent and culpability, particularly in cases involving youth and violence. Key phrases include 'intentional murder', 'Qatl-i-Shibh-Amd', 'Lahore High Court', 'Pakistan Penal Code', and 'criminal appeal'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Justice Javaid Ghural
|
| Lawyers |
Mr. Ameer Abdullah Khan Niazi,
Nasir Mehmood Tiwana,
Sardar Khurram Latif Khan Khosa,
Ms. Samra Irshad
|
| Petitioners |
Allah Bakhsh
|
| Respondents |
State
|
| Citations |
2021 SLD 509,
2021 PLJ 156
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(B),
324,
337-A(i),
337-A(ii),
337-F(i),
337-L(ii)
|