| Case ID |
2cdb0e96-4243-478e-a9bf-08c8f7e3092d |
| Body |
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| Case Number |
Criminal Jail Appeal No. 1 of 2007 |
| Decision Date |
Jul 28, 2011 |
| Hearing Date |
|
| Decision |
The Balochistan High Court upheld the conviction of Muhammad Afzal for the murder of Adam Khan and Bakhsh Ali, but commuted the death sentence to life imprisonment. The court found that the murders were not premeditated, as the appellant had entered the house for the purpose of theft. The evidence presented by the prosecution was compelling, including eyewitness accounts and a confession made by the appellant. However, the court recognized that the circumstances did not indicate a pre-planned act of murder. Therefore, it concluded that the death sentence was not appropriate and modified it to life imprisonment. |
| Summary |
The case revolves around the conviction of Muhammad Afzal for the murders of Adam Khan and Bakhsh Ali under the Pakistan Penal Code. The incident occurred during a theft when the appellant, armed with a Kalashnikov, entered the victims' home. The evidence included eyewitness testimonies, medical reports, and the recovery of the murder weapon. The High Court emphasized that the confession must be considered in its entirety, aligning with established legal principles. Ultimately, the court recognized that the act was not premeditated and decided to commute the death sentence to life imprisonment, reflecting a nuanced understanding of the circumstances surrounding the crime. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HASHIM KHAN KAKAR,
JUSTICE GHULAM MUSTAFA MENGAL,
JUSTICE MUHAMMAD AFZAL
|
| Lawyers |
Shabana Azeem,
Abdullah Kurd
|
| Petitioners |
Muhammad Afzal
|
| Respondents |
The State
|
| Citations |
2012 SLD 937,
2012 YLR 687
|
| Other Citations |
Bahadur Khan v. The State PLD 1995 SC 336
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302,
302(b),
164,
340(2),
342,
30,
31,
40,
41
|