| Case ID |
316fe3f9-dbda-47aa-b929-927bd81fcbd5 |
| Body |
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| Case Number |
Criminal Jail Appeal No. D-38 of 2004 |
| Decision Date |
Jun 01, 2010 |
| Hearing Date |
Jun 01, 2010 |
| Decision |
The Sindh High Court maintained the conviction of Rajib Ali for the murder of Ali Gul but altered his death sentence to life imprisonment. The court noted that there was no motive established for the crime, and the evidence presented lacked corroboration from independent witnesses. The single shot fired by the accused and the absence of recovered cartridges were significant factors in reducing the severity of the sentence. The court emphasized the appellant's prolonged incarceration of over seven years as a mitigating circumstance, leading to the decision to impose a lesser punishment. The court also ordered the appellant to pay compensation to the legal heirs of the deceased. |
| Summary |
In the case of Rajib Ali vs. The State, the Sindh High Court addressed the appeal of Rajib Ali who was initially sentenced to death for the murder of Ali Gul. The court focused on the evidence presented during the trial, which included a lack of motive, absence of corroborating eyewitness testimony, and the fact that the accused only fired a single shot. The court highlighted that Rajib Ali had already served over seven years in jail, which influenced their decision to alter the death sentence to life imprisonment. This case illustrates critical aspects of criminal law including the importance of corroborative evidence and the consideration of mitigating circumstances in sentencing. The decision reflects the court's commitment to justice while recognizing the complexities of human behavior in criminal actions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Imam Bux Baloch,
Nisar Muhammad Shaikh
|
| Lawyers |
Inayatullah Morio,
Naimatullah Bhurgri
|
| Petitioners |
Rajib Ali
|
| Respondents |
The State
|
| Citations |
2011 SLD 6587 = 2011 PCRLJ 1205
|
| Other Citations |
Ansar Ahmad Khan Barki v. The State 1993 SCMR 1660,
Allah Ditta v. The State 2007 YLR 811
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|