| Case ID |
2d34151b-4a11-445b-b3e4-f4cdd31d6837 |
| Body |
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| Case Number |
Jail Petition No. 816 of 2017 and Criminal Petitio |
| Decision Date |
Jun 14, 2023 |
| Hearing Date |
Jun 14, 2023 |
| Decision |
In the landmark decision dated June 14, 2023, the Supreme Court of Pakistan upheld the convictions under Penal Code Section 302(b), reaffirming the lower courts' judgments against MASKEEN ULLAH and co-accused. The court meticulously analyzed the reappraisal of evidence, including credible eyewitness testimonies and corroborative medical evidence, solidifying the guilt of the accused. Mitigating factors presented by the defense were thoroughly examined and found insufficient to warrant a reversal of the life imprisonment sentences. The dismissal of the petitions underscores the judiciary's commitment to justice and the stringent enforcement of criminal law. This decision not only reinforces the deterrent against severe crimes like qatl-i-amd but also emphasizes the importance of timely and accurate evidence presentation in ensuring fair trials. The Supreme Court's affirmation serves as a pivotal reference for future cases involving similar legal provisions and evidentiary standards, thereby strengthening the legal framework and upholding the rule of law in Pakistan. |
| Summary |
The Supreme Court of Pakistan delivered a significant judgment on June 14, 2023, in the combined cases of Jail Petition No. 816 of 2017 and Criminal Petition No. 775-L of 2016. The petitions, filed by MASKEEN ULLAH and another petitioner, challenged the convictions under Section 302(b) of the Penal Code (XLV of 1860) for the crime of qatl-i-amd (murder). The case revolved around the assassination of Fateh Sher, with the petitioner being accused of orchestrating the murder, supported by eyewitness testimonies and medical evidence. The Supreme Court meticulously reviewed the reappraised evidence, highlighting the prompt filing of the FIR, consistent and credible witness statements from close relatives of the deceased, and the alignment of medical findings with the ocular accounts. Despite the defense's attempt to introduce mitigating circumstances, such as the lack of established motive and alleged delays in the postmortem examination due to logistical challenges, the court found these arguments unconvincing. The judgment emphasized the reliability of the evidence presented, including the accused's unexplained abscondence, which corroborated the prosecution's case. Additionally, the court addressed the involvement of co-accused Noor Khan, whose prior acquittal was deemed unrelated to the petitioner's case. The dismissal of the petitions reaffirms the judiciary's role in upholding stringent legal standards and ensures that justice is served in cases of severe criminal offenses. This landmark decision not only consolidates the application of Section 302(b) but also serves as a critical precedent for future legal proceedings involving murder and the evaluation of evidentiary support. Keywords: Supreme Court of Pakistan, Penal Code Section 302(b), qatl-i-amd, MASKEEN ULLAH, murder case, eyewitness testimony, medical evidence, legal precedent, justice system, criminal law enforcement, Lahore High Court appeal, judicial decision, life imprisonment, legal framework Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
The STATE,
MASKEEN ULLAH
|
| Judges |
Sardar Tariq Masood,
Jamal Khan Mandokhail,
Muhammad Ali Mazhar
|
| Lawyers |
Malik Matee Ullah,
Muhammad Zubair Saeed,
Muhammad Jaffar
|
| Petitioners |
another,
MASKEEN ULLAH
|
| Respondents |
The STATE,
another
|
| Citations |
2023 SLD 2154,
2023 SCMR 1508
|
| Other Citations |
Criminal Appeal No. 232 of 2012,
Murder Reference No. 81 of 2012
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|