| Case ID |
2b8c1f89-a457-452b-ad6a-2c0004b0bb5b |
| Body |
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| Case Number |
Crl. A. No. 75-L of 2021 |
| Decision Date |
Nov 15, 2022 |
| Hearing Date |
Nov 15, 2022 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal of Amanullah, affirming the conviction under Section 302(b) of the Pakistan Penal Code for the murder of Din Muhammad. The court upheld the life imprisonment sentence imposed by the Lahore High Court, which had converted the death sentence to life imprisonment. The court found the ocular evidence provided by the prosecution to be credible and consistent, despite minor discrepancies. The court emphasized the importance of reliable eyewitness accounts over medical evidence, particularly given the circumstances surrounding the case and the nature of the crime. The court also addressed the delay in the post-mortem examination, stating that it did not detract from the reliability of the evidence presented, particularly in a developing country where medical resources may not be readily available. The conviction was sustained based on the overwhelming evidence against the appellant. |
| Summary |
This case revolves around the conviction of Amanullah for the murder of Din Muhammad under the Pakistan Penal Code, specifically Section 302(b), which deals with intentional murder (Qatl-i-Amd). The incident occurred on May 31, 2011, and the FIR was lodged shortly after, establishing a timeline that supports the prosecution's case. The court highlighted the importance of eyewitness testimony, which was deemed reliable despite the witnesses not residing in the locality where the murder took place. The court dismissed claims of misidentification, emphasizing that the occurrence was in daylight and the parties involved were known to each other. The court also addressed the issue of motive, noting the background of familial disputes as a contributing factor. The decision reinforces the notion that credible ocular evidence can outweigh medical evidence, particularly in cases involving serious charges like murder. The ruling has implications for future cases regarding the weight of eyewitness testimony versus medical evidence in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN,
MUNIB AKHTAR,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Sheikh Sakhawat Ali, ASC for Appellant,
Mirza Muhammad Usman, DPG for State,
Malik Muhammad Imtiaz Mahl, ASC for Complainant
|
| Petitioners |
AMANULLAH
|
| Respondents |
another,
STATE
|
| Citations |
2023 SLD 2458,
2023 PLJ 73
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b),
34
|