| Case ID |
3214bf63-c1d4-4666-9fe4-182064183ea2 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 235 of 1998 |
| Decision Date |
Feb 01, 2001 |
| Hearing Date |
|
| Decision |
The Peshawar High Court upheld the convictions and sentences of the accused, Mahabat Khan, who was found guilty of murdering three individuals over a land dispute. The court emphasized that the existence of a familial relationship between the complainant and the deceased did not inherently make the witnesses unreliable. The prosecution successfully established the motive for the crime, linked the accused to the scene through forensic evidence, and refuted claims of misidentification or fabrication of evidence. The court also addressed the issue of compensation for the victims' heirs, clarifying the legal implications of defaulting on payment. Ultimately, the appeal was dismissed, reaffirming the lower court's decision. |
| Summary |
This case revolves around a brutal murder incident involving Mahabat Khan, who was convicted for killing three brothers in a dispute over land ownership. The Peshawar High Court's decision highlights key legal principles regarding the admissibility of evidence from related witnesses and the prosecution's burden of proof. The court found that the witnesses, despite being related to the victims, provided coherent and consistent accounts of the incident. The case shed light on the complexities of land disputes in agrarian societies, where motives for violence can stem from property transactions. The court's ruling reinforces the importance of careful scrutiny of witness testimonies, especially when familial ties are involved, and establishes a precedent for handling similar cases in the future. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUR RAUF KHAN LUGHMANI,
SALEEM DIL KHAN
|
| Lawyers |
Qazi Muhammad Anwar,
Saeed Khan,
Nek Nawaz
|
| Petitioners |
MAHABAT KHAN
|
| Respondents |
another,
THE STATE
|
| Citations |
2001 SLD 2733,
2001 PLD 112
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
34,
324,
544A
|