| Case ID |
2c968006-5421-40ad-a531-f6f060ff0f59 |
| Body |
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| Case Number |
Criminal Appeal No. 185 and Murder Reference No. 2 |
| Decision Date |
Nov 14, 1995 |
| Hearing Date |
Nov 14, 1995 |
| Decision |
The Lahore High Court acquitted the appellants Sajjad Hussain, Altaf Hussain, and Ghulam Hussain of the charges against them. The court found that the prosecution had failed to prove its case beyond a reasonable doubt. Key issues included the reliability of eyewitness testimony, lack of credible evidence linking the accused to the crime, and the dubious nature of the investigation. The court determined that the FIR was lodged after deliberation and consultation, which cast doubt on its credibility. The lack of presence of eyewitnesses at the crime scene and the absence of injuries on the complainants further weakened the prosecution's case. The decision emphasized the importance of credible and trustworthy evidence in criminal proceedings. As a result, the death sentence was not confirmed, and the appeals were accepted, leading to the acquittal of the appellants. |
| Summary |
This case revolves around a murder reference and criminal appeal concerning Sajjad Hussain and others accused of murdering Allah Bakhsh and Mst. Wasso. The Lahore High Court determined that the prosecution's case was fundamentally flawed due to unreliable eyewitnesses and a lack of direct evidence connecting the appellants to the crime. The judgment highlighted critical legal principles including the necessity for credible witness statements and the rights of the accused in a criminal trial. The court's decision to acquit the appellants underscores the judicial system's commitment to ensuring that convictions are based on solid evidence rather than mere suspicion. This case serves as a significant example in discussions about the integrity of criminal investigations and the importance of maintaining high standards of proof in legal proceedings. Keywords such as 'murder appeal', 'eyewitness credibility', and 'criminal defense' are pertinent for those researching criminal law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RASHID AZIZ KHAN,
ZAHID HUSSAIN BOKHARI
|
| Lawyers |
Muhammad Bashir Khan,
Malik Naeem Iqbal
|
| Petitioners |
SAJJAD HUSSAIN
|
| Respondents |
THE STATE
|
| Citations |
1996 SLD 1369,
1996 PLD 286
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
161,
162,
302/34
|