| Case ID |
2353969d-29ef-4062-93fc-ff511b799de5 |
| Body |
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| Case Number |
Crl. A. No. 400 of 1997, M.R. No. 184 of 1997 |
| Decision Date |
Jun 04, 2003 |
| Hearing Date |
Jun 04, 2003 |
| Decision |
The Lahore High Court, in its judgment, found that while the appellants were convicted for murder under Section 302 of the Pakistan Penal Code, the evidence presented did not sufficiently attribute the fatal injury to any specific accused. As a result, the death sentence was commuted to life imprisonment due to the uncertainty surrounding the causation of death. The court maintained the sentence under Section 324 for causing injuries to the complainant, as well as the fines imposed. The appeal was dismissed with modifications to the sentence, reflecting the complexities of the case and the evidentiary challenges faced. |
| Summary |
The case revolves around a tragic incident involving the murder of Nazir Ahmad, where multiple accused were charged under the Pakistan Penal Code. The court examined the evidence, including eyewitness testimonies and medical reports, to determine the culpability of the appellants. The prosecution's case hinged on the identification of the specific assailants and the exact injuries inflicted. Ultimately, the court's decision to reduce the death penalty to life imprisonment highlights the importance of clear evidence in capital cases. This ruling underscores the legal principle that the burden of proof lies with the prosecution, and any ambiguity in attributing a fatal injury can significantly impact sentencing outcomes. The case serves as a critical reference for understanding the application of Sections 302 and 324 of the Pakistan Penal Code in murder trials. Legal professionals and scholars will find this case relevant for discussions on evidentiary standards and the implications of witness testimony in serious criminal cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Raja Muhammad Sabir,
Bashir A. Mujahid
|
| Lawyers |
Aftab Farrukh,
Aitzaz Ahsan,
Sultan Ahmad Khawaja,
M Taqi Khan,
Mian Mansoor Ahmad
|
| Petitioners |
Yousaf,
Razzaq,
Abbas,
Mushtaq,
Murtaza,
Yaqoob
|
| Respondents |
State
|
| Citations |
2004 SLD 3856,
2004 PLJ 157
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302,
324
|