| Case ID |
2542fe60-a5e5-4b66-bb81-a18cbc2f3a81 |
| Body |
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| Case Number |
Criminal Appeal (Death) No. 244-B with Murder Refe |
| Decision Date |
Mar 22, 2023 |
| Hearing Date |
Mar 22, 2023 |
| Decision |
The appellant, Javed Khan, was convicted for the murder of Mst. Robina Bibi and sentenced to death. However, the court observed that while the prosecution proved the case against the accused, the motive for the murder was not established. The absence of motive was a significant mitigating factor. Therefore, the death penalty was reduced to life imprisonment. The appeal was partially allowed, maintaining the conviction but altering the sentence. The appellant was also ordered to pay compensation to the legal heirs of the deceased. |
| Summary |
This case revolves around the conviction of Javed Khan for the murder of his sister-in-law, Mst. Robina Bibi, in a tragic incident that occurred on Eid-ul-Adha. The court scrutinized the evidence provided by eyewitnesses, who testified that the accused opened fire at the victims, resulting in the death of Mst. Robina Bibi and injuries to others. Despite the strong eyewitness accounts, the court noted a critical flaw: the prosecution failed to establish a motive for the attack. The absence of motive is a pivotal aspect in criminal law, affecting the severity of the sentence. As a result, the initial death sentence was deemed excessive, and the court opted for a life imprisonment sentence instead. This decision underscores the importance of motive in criminal cases and reflects the court's commitment to ensuring justice while considering all aspects of the case. Overall, this case highlights the intricacies of legal proceedings, the weight of evidence, and the nuances of judicial discretion in sentencing. |
| Court |
Peshawar High Court, Bannu Bench
|
| Entities Involved |
Not available
|
| Judges |
Sahibzada Asadullah,
Shahid Khan
|
| Lawyers |
Muhammad Sadiq Khan,
Muhammad Anwar Khan Mamash Khel,
Umar Qayum Khan
|
| Petitioners |
JAVED
|
| Respondents |
The STATE and others
|
| Citations |
2023 SLD 2304,
2023 YLR 2097
|
| Other Citations |
Mst. Nazia Anwar v. The State 2018 SCMR 911,
Nadeem Ramzan v. The State 2018 SCMR 149,
Haq Nawaz v. The State 2018 SCMR 21,
Ghulam Muhammad v. State 2017 SCMR 2048,
Saif Ullah v. State 2017 SCMR 2041,
Waris Ali v. The State 2017 SCMR 1572
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
324,
337-D
|