| Case ID |
2b6ee5a6-230d-41d6-ab9e-30ee5760c99b |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeals Nos. 132, 131 and Criminal Revisi |
| Decision Date |
Dec 04, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court upheld the conviction of Ghulam Mustafa under section 302(b) of the Pakistan Penal Code, sentencing him to life imprisonment for the murder of Sanaullah. The court found substantial evidence linking the appellant to the crime, including eyewitness accounts and corroborative material evidence. The appellant's defense was dismissed as the court determined that the prosecution had proven its case beyond a reasonable doubt. The court also noted that the appellant had used an automatic rifle in the commission of the crime, reinforcing the severity of the offense. The appeal against the conviction was rejected, and the sentence of life imprisonment was confirmed as appropriate given the circumstances of the case. |
| Summary |
In the case of Ghulam Mustafa vs. The State, the Peshawar High Court dealt with serious charges stemming from a tragic incident involving the murder of Sanaullah. The court's decision focused on the admissibility of statements made by the deceased as dying declarations, and how these statements, corroborated by eyewitnesses, played a crucial role in affirming the conviction. The ruling emphasized the importance of credible evidence in criminal proceedings, particularly in cases involving serious offenses such as murder. The court's interpretation of the Pakistan Penal Code and the Criminal Procedure Code was pivotal in adjudicating the case, leading to a reaffirmation of the life imprisonment sentence awarded to the appellant. This case highlights the critical nature of evidence, witness testimony, and the legal standards surrounding dying declarations in Pakistani law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN FASIH-UL-MULK,
YAHYA AFRIDI
|
| Lawyers |
Ishtiaq Ibrahim for Appellant,
Khawaja Muhammad Khan Gara for the Complainant,
Mian Arshd Jan, A.A.G., for the State
|
| Petitioners |
GHULAM MUSTAFA
|
| Respondents |
THE STATE,
others
|
| Citations |
2015 SLD 49,
2015 PLD 23
|
| Other Citations |
PLD 1992 SC 211,
2001 SCMR 1474
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302(b),
161,
46
|