| Case ID |
2cbc7b15-1939-40d9-bc68-3c5462ad56b3 |
| Body |
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| Case Number |
Criminal Jail Appeal No. D-61 and Confirmation Cas |
| Decision Date |
Nov 16, 2022 |
| Hearing Date |
Nov 16, 2022 |
| Decision |
The appeal against conviction was dismissed, however, the sentence of death was reduced to imprisonment for life. The court found that the prosecution had established the case against the appellants beyond a reasonable doubt, but the motive alleged in the FIR was not proven. The court emphasized that if the prosecution asserts a motive but fails to prove it, this can affect the severity of the sentence. The trial court's findings regarding the motive were deemed to be against the record, and as a result, the death sentences were converted to life imprisonment, while the compensation order was maintained. |
| Summary |
In the case of Nawab alias Tharo Gadani and Nizamuddin alias Nizam vs The State, the Sindh High Court dealt with a serious criminal matter involving charges under the Penal Code for murder (Qatl-i-amd), rioting, and unlawful assembly. The appellants were initially sentenced to death for the murder of two individuals, but upon appeal, the court found that while the prosecution's evidence was compelling, the motive alleged was not sufficiently established. The court reiterated the importance of proving motive in murder cases, particularly when a death sentence is on the line. This ruling highlights the judicial scrutiny of motives in criminal cases and sets a precedent for future cases where motive is disputed. The decision underscores the necessity for a thorough investigation and the presentation of clear evidence to support claims of motive. The case also reflects on the legal principles surrounding death sentences in Pakistan, demonstrating the court's willingness to review and adjust sentences based on the evidence presented. As such, legal practitioners and scholars should take note of this ruling for its implications on future criminal proceedings. |
| Court |
Sindh High Court, Sukkur Bench
|
| Entities Involved |
Not available
|
| Judges |
Naimatullah Phulpoto,
Abdul Mubeen Lakho
|
| Lawyers |
Rukhsar Ahmed Junejo,
Aisha Saeed,
Ubedullah Ghoto,
Zulfiqar Ali Jatoi
|
| Petitioners |
Nawab alias Tharo Gadani,
Nizamuddin alias Nizam
|
| Respondents |
The STATE
|
| Citations |
2024 SLD 354,
2024 MLD 110
|
| Other Citations |
Mst. Nazia Anwar v. The State and others 2018 SCMR 911
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
148,
149
|