| Case ID |
2ce4dcdb-edf9-4908-8822-53e7735f8ddc |
| Body |
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| Case Number |
Criminal Jail Appeal No. S-94 of 2007 |
| Decision Date |
Oct 04, 2013 |
| Hearing Date |
Sep 06, 2013 |
| Decision |
The Sindh High Court dismissed the appeal of the accused, affirming the trial court's judgment that found him guilty of committing murder under Section 302(b) of the Penal Code. The court upheld the conviction and sentence of life imprisonment and a fine, indicating that the evidence presented, including eyewitness accounts and ballistic reports, sufficiently established the accused's culpability despite the defense's claims regarding motive and the credibility of witnesses. The court concluded that the trial court's decision was neither perverse nor arbitrary, and it did not suffer from any legal irregularities. |
| Summary |
In the case of Criminal Jail Appeal No. S-94 of 2007, the Sindh High Court reviewed the conviction of the appellant, Sabir Ali Bhutto, for murder under Section 302(b) of the Penal Code. The incident occurred on April 9, 2004, when the appellant, a police constable, shot and killed Naseer Ahmed during a dispute over payment for tea at a hotel. Key evidence included eyewitness testimonies from the deceased's brothers and cousin, corroborated by medical evidence and ballistic analysis linking the crime weapon to the incident. The trial court's decision to impose life imprisonment was challenged, but the High Court found no grounds for interference, emphasizing that the prosecution's case was robust and the defense's arguments failed to undermine the established facts. This case highlights the importance of eyewitness credibility and the role of forensic evidence in criminal proceedings, particularly in murder cases where the burden of proof lies with the prosecution. Relevant legal principles from previous case law were also considered, reinforcing the court's decision. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RASOOL MEMON, JUSTICE
|
| Lawyers |
Nisar Ahmed G. Abro,
Qazi Muhammad Bux
|
| Petitioners |
Not available
|
| Respondents |
THE STATE
|
| Citations |
2014 SLD 742,
2014 YLR 1612
|
| Other Citations |
2010 SCMR 1752,
2005 SCMR 427
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|