| Case ID |
2b586921-6cae-4169-b9fa-246eae729697 |
| Body |
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| Case Number |
Cr. Appeal No. 110-B of 2018 |
| Decision Date |
Feb 14, 2020 |
| Hearing Date |
Feb 10, 2020 |
| Decision |
The court upheld the conviction of Amin Jan under section 302(b) of the Pakistan Penal Code for the murder of his nephew and a guest. The court found that the prosecution had proved its case against the accused beyond a reasonable doubt, noting the rapid reporting of the incident to the police and the lack of any reasonable explanation for the long abscondence of the accused. The appeal against the conviction was dismissed, and no interference with the lower court's decision was warranted. The prosecution's evidence was deemed credible and consistent, leading to a well-reasoned judgment that required no alteration. |
| Summary |
In the case of Cr. Appeal No. 110-B of 2018, the Peshawar High Court addressed the appeal of Amin Jan against his conviction under section 302(b) of the Pakistan Penal Code for the murder of his nephew and a guest. The court evaluated the evidence presented, including the prompt reporting of the incident which occurred on February 19, 1987, and the subsequent actions taken by law enforcement. The decision highlighted the absence of any malicious intent or ulterior motives in the prosecution's case. The judgment emphasized the legal standards applicable to murder cases, including the significance of motive, the role of witnesses, and the implications of abscondence. The court concluded that the prosecution had established its case to the hilt, affirming the conviction and dismissing the appeal. The ruling serves as a precedent in understanding the application of the Pakistan Penal Code in similar criminal matters. |
| Court |
Peshawar High Court, Bannu Bench
|
| Entities Involved |
Not available
|
| Judges |
IKRAMULLAH KHAN,
SAHIBZADA ASADULLAH,
JUSTICE
|
| Lawyers |
Muhammad Anwar Khan Maidad Khel for Appellant,
Shahid Hameed Qureshi, Additional Advocate General for Respondents
|
| Petitioners |
Amin Jan
|
| Respondents |
THE STATE AND 2 OTHERS
|
| Citations |
2020 SLD 1912,
2020 MLD 1707
|
| Other Citations |
Imtiaz Ali alias Taji v. The State and others 2020 SCMR 287,
Bux Ali alias Dodo v. The State 2019 YLR 324,
Allah Bakhsh v. Ahmad Din 1971 SCMR 462
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
34,
302(b)
|