| Case ID |
219620d3-28ae-4498-a634-da8e37e90781 |
| Body |
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| Case Number |
Criminal Appeal No. 779 of 2009 and Murder Referen |
| Decision Date |
Dec 15, 2014 |
| Hearing Date |
Dec 15, 2014 |
| Decision |
The court allowed the appeal of co-accused Muhammad Asghar and acquitted him from all charges due to lack of evidence linking him directly to the crime. However, Muhammad Ashraf's conviction was maintained, but his death sentence was commuted to life imprisonment due to mitigating circumstances surrounding the incident. The court noted the inconsistencies in the evidence presented by the prosecution, particularly the absence of a serologist report on the blood-stained weapons and the lack of credible eyewitness testimony. The court emphasized the need for a fair assessment of all evidence before reaching a verdict. |
| Summary |
This case revolves around a criminal appeal concerning the murder of Zafar Iqbal, wherein the appellants Muhammad Ashraf and Muhammad Asghar were accused of committing Qatl-i-amd. The incident took place on May 22, 2007, and was rooted in personal grievances related to alleged illicit relationships. The prosecution's case was primarily based on witness testimonies and forensic evidence. However, significant doubts emerged regarding the reliability of the witnesses and the integrity of the evidence presented. The court's decision to acquit Muhammad Asghar highlights the importance of thorough and credible evidence in criminal proceedings, reinforcing the principle of 'innocent until proven guilty.' This case underscores the ongoing challenges within the criminal justice system, particularly in ensuring justice amidst complex social dynamics. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD TARIQ ABBASI,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Syed Muhammad Asad Abbas,
Muhammad Ali Shahab
|
| Petitioners |
MUHAMMAD ASHRAF,
MUHAMMAD ASGHAR
|
| Respondents |
The STATE
|
| Citations |
2016 SLD 3299,
2016 PCRLJ 1198
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
34,
337-A(i)
|