| Case ID |
31a2ce52-ce0e-456f-9090-cdf59202fdd7 |
| Body |
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| Case Number |
Murder Reference No. 04 of 2013/BWP Criminal Appea |
| Decision Date |
Mar 07, 2016 |
| Hearing Date |
|
| Decision |
The Lahore High Court, upon reviewing the evidence and the testimonies presented, found that the prosecution had failed to establish the guilt of the accused beyond a reasonable doubt. The eye witness accounts were deemed unreliable, and significant discrepancies were noted regarding the circumstances of the case, including the delay in reporting the incident to the police. Furthermore, the court emphasized that the statement made by the accused under section 342 Cr.P.C. should be evaluated in its entirety, leading to the conclusion that the acquittal of the appellants was warranted. Consequently, the conviction and sentence awarded to the appellants were set aside, and they were acquitted of all charges. |
| Summary |
This case revolves around a tragic incident where three individuals were murdered, leading to the conviction of Talib Hussain and Khalid Mahmood. The Lahore High Court scrutinized the evidential basis of the prosecution's case, particularly focusing on the reliability of eyewitness testimony and the procedural lapses that occurred during the investigation. The court highlighted the critical importance of establishing guilt beyond a reasonable doubt in criminal cases, ultimately leading to the acquittal of the appellants. The decision underscored vital legal principles regarding the treatment of eye witness accounts and the necessity for coherent and credible evidence in securing convictions. Keywords such as murder case, criminal appeal, Lahore High Court, eyewitness testimony, and criminal law are central to understanding this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SHAHBAZ ALI RIZVI,
CH. MUSHTAQ AHMAD
|
| Lawyers |
Not available
|
| Petitioners |
Talib Hussain,
Khalid Hussain
|
| Respondents |
The State,
Muhammad Arif
|
| Citations |
2016 SLD 1724 = 2016 LHC 778
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code,
Code of Criminal Procedure
|
| Sections |
302,
34,
109,
544-A
|