| Case ID |
2aff22b6-18be-4134-b03b-6321a06d0ae0 |
| Body |
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| Case Number |
Criminal Appeal No.12 and Criminal Reference No.13 |
| Decision Date |
Mar 26, 2013 |
| Hearing Date |
|
| Decision |
The appeal filed by Raj Muhammad against the conviction and sentence of Qisas for the murder of Muhammad Rizwan was dismissed. The court confirmed the trial court's decision, stating that the evidence presented by the prosecution, including eyewitness accounts and forensic analysis of the weapon used, was compelling and sufficient to uphold the conviction. The court noted the absence of mitigating circumstances and emphasized the brutality of the crime. The court found that the appellant's claims of self-defense and doubts regarding witness credibility were unsubstantiated. Therefore, the sentence of Qisas was affirmed. |
| Summary |
This case revolves around the murder of Muhammad Rizwan by Raj Muhammad using a .12-bore gun. The incident occurred on October 28, 2006, amidst a backdrop of enmity between the families. The court relied heavily on eyewitness testimony and forensic evidence linking the weapon to the crime scene. The trial court's judgment was upheld as the evidence was deemed reliable and credible. The decision emphasizes the importance of eyewitness accounts in criminal cases and the weight of forensic evidence in establishing guilt. The ruling serves as a critical reference for future cases involving similar circumstances, highlighting the legal principles surrounding Qatl-e-amd and the application of the Penal Code. The court's affirmation of the death sentence reflects the severity of the crime and the necessity of upholding justice in cases of murder. |
| Court |
Shariat Court (AJ&K)
|
| Entities Involved |
Abdur Razzaq,
Muhammad Rizwan,
Nazakat Hussain,
Police Station Nar
|
| Judges |
SYED HUSSAIN MAZHAR KALEEM,
SARDAR MUHAMMAD SHAHZAD KHAN
|
| Lawyers |
|
| Petitioners |
Raj Muhammad
|
| Respondents |
The STATE through Additional Advocate General
|
| Citations |
2014 SLD 1422,
2014 YLR 594
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (Cr.P.C.)
|
| Sections |
302,
34,
506,
544-A,
374
|