| Case ID |
2e48c319-f3a1-4397-b6cf-c3e898101150 |
| Body |
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| Case Number |
Criminal Petitions Nos. 534 and 513 of 2019 |
| Decision Date |
Sep 17, 2020 |
| Hearing Date |
Sep 17, 2020 |
| Decision |
The Supreme Court dismissed the petitions for leave to appeal, upholding the life imprisonment sentence imposed by the High Court. The court found that the evidence presented, including eyewitness accounts, substantiated the conviction of the accused. Despite the defense's claims of insufficient evidence and the absence of the complainant at the crime scene, the court determined that the prosecution had sufficiently established the circumstances surrounding the murder, including motive and eyewitness testimony. The court emphasized that the High Court's decision to convert the death penalty to life imprisonment was justified given the lack of independent evidence to establish motive, although the conviction itself was upheld. |
| Summary |
In the significant case of Khalid Naseer and Others vs. The State, the Supreme Court of Pakistan tackled complex issues surrounding the conviction of the accused under Section 302(b) of the Penal Code, concerning intentional murder (Qatl-i-amd). The case revolved around the murder of Raja Saifullah Khan, who was shot multiple times by Khalid Naseer. Key evidence included eyewitness testimonies and the timeline of events leading to the victim's death. The court scrutinized the medical examination timing, the motive linked to ongoing litigation between the parties, and the credibility of the eyewitnesses. Despite arguments from the defense suggesting a lack of evidence due to the complainant's absence, the court upheld the conviction based on consistent testimonies and the circumstances surrounding the incident. This case highlights the judicial process in addressing serious criminal offenses while considering the nuances of evidence and legal representation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH,
QAZI MUHAMMAD AMIN AHMED,
KHALID NASEER
|
| Lawyers |
Ch. Afrasiab Khan, Advocate Supreme Court for Petitioners (in Cr. P. No.534 of 2019),
Raja Ikram Amin Minhas, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record for the Complainant (in Cr. P. No. 513 of 2019)
|
| Petitioners |
Khalid Naseer and Others
|
| Respondents |
The State and Another
|
| Citations |
2020 SLD 2127,
2020 SCMR 1966
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (West Pakistan Amendment) Act, 1964
|
| Sections |
302(b)
|