| Case ID |
3a862e70-0d84-42db-af99-ed1029457994 |
| Body |
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| Case Number |
Criminal Appeal No. 5537 and Murder Reference No. |
| Decision Date |
Mar 27, 2023 |
| Hearing Date |
Mar 27, 2023 |
| Decision |
The Lahore High Court ruled in the case of Muhammad Rafique and another v. The State and another, where the appellants were initially convicted under Section 302(b) of the Penal Code for the murder of the complainant's son and sister. The court allowed the appeal for one of the accused, Muhammad Rafique, and acquitted him by extending the benefit of the doubt, as there was no confession or admission of guilt. For the other accused, Arshad, the conviction was modified from Section 302(b) to Section 302(c), considering grave and sudden provocation, resulting in a sentence of fourteen years. The decision reflects the court's analysis of evidence, highlighting issues of witness credibility, delays in reporting, and the legal implications of provocation. |
| Summary |
This case revolves around a complex murder trial involving two appellants, Muhammad Rafique and Arshad, who were convicted for the murders of Jamal Hussain and Mst. Rabia Bibi. The Lahore High Court examined the evidence, including the testimonies of witnesses and the circumstances surrounding the event. Key issues included the delay in lodging the FIR, the conduct of witnesses, and the nature of the provocation. The court ultimately acquitted one appellant, citing lack of evidence, while modifying the conviction of the other due to provocation. This case highlights the importance of thorough judicial examination in criminal proceedings, especially regarding the credibility of witnesses and the nuances of provocation in murder cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Malik Shahzad Ahmad Khan,
Muhammad Amjad Rafiq
|
| Lawyers |
Muhammad Shahzad Saleem Warraich,
Munir Ahmad Sial,
Malik Azhar Abbas Waseer
|
| Petitioners |
MUHAMMAD RAFIQUE,
Arshad
|
| Respondents |
The STATE,
another
|
| Citations |
2024 SLD 139,
2024 YLR 23
|
| Other Citations |
Muhammad Ilyas v. Muhammad Abid alias Billa and others 2017 SCMR 54,
Khalid alias Khalidi and 2 others v. The State 2012 SCMR 327,
Sufyan Nawaz and another v. The State and others 2020 SCMR 192,
Zafar v. The State and others 2018 SCMR 326,
Muhammad Ashraf v. The State 2012 SCMR 419,
Liaquat Ali v. The State 2008 SCMR 95,
Pathan v. The State 2015 SCMR 315
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
302(c),
364,
147,
149
|