| Case ID |
2c9c94ea-a066-4fe0-9a4a-e6b6adba6574 |
| Body |
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| Case Number |
Criminal Appeal No. 270 of 2003, and Murder Refere |
| Decision Date |
May 10, 2004 |
| Hearing Date |
Mar 22, 2004 |
| Decision |
The court affirmed the conviction and death sentence of the appellant for the murder of Muhammad Yousaf. The evidence presented by the prosecution was deemed credible and reliable, particularly the eyewitness testimony of Qaisar Khan, who was present at the scene. Despite contradictions in medical evidence, the court found the ocular testimony compelling enough to support the conviction. The court also noted that the absence of a detailed description of the accused in the FIR was not fatal to the prosecution's case, as the appellant was specifically named. The judgment emphasized that the murder was committed in a cowardly manner, with no extenuating circumstances to warrant a lesser sentence. |
| Summary |
This case revolves around the conviction of the appellant for the murder of Muhammad Yousaf under section 302(b) of the Penal Code. The incident occurred on April 10, 2002, when the complainant, Qaisar Khan, reported that his brother was shot by the appellant during a confrontation at a local bakery. The court evaluated the evidence, including eyewitness accounts and medical testimony, ultimately determining that the prosecution's case was strong enough to uphold the death sentence. The ruling highlights the significance of corroborative evidence in criminal cases and reaffirms the standards for evaluating witness credibility in murder cases. This case serves as a key reference point for legal practitioners dealing with homicide cases and evidentiary standards in Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA FAYYAZ AHMED, CHIEF JUSTICE,
AKHTAR ZAMAN MALGHANI, JUSTICE
|
| Lawyers |
Muhammad Aslam Chishti,
Jaffar Raza Khan
|
| Petitioners |
another,
ASIM
|
| Respondents |
another,
THE STATE
|
| Citations |
2004 SLD 3003,
2004 PLD 123
|
| Other Citations |
2002 SCMR 727,
2000 SCMR 1885,
2000 SCMR 1758,
PLD 1994 Pesh. 176,
1986 SCMR 1027,
PLD 1988 Kar. 539,
1982 SCMR 129,
1963 SC 285
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|