| Case ID |
3afde796-4050-4eed-8b11-a6eb936ff114 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 326 of 1950 |
| Decision Date |
Aug 29, 1950 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the conviction of Sarja under section 302 of the Pakistan Penal Code for the murder of Mst. Fatima. However, the court altered the death sentence to transportation for life after considering the appellant's age and giving him the benefit of the doubt regarding his status as a minor at the time of the offense. The court emphasized the importance of the statements made before the Committing Magistrate, which were transferred to the Sessions file and deemed substantive evidence. The evidence indicated a clear motive for the murder linked to a land dispute. The court rejected the later contradictory testimonies of witnesses presented in the Sessions Court, reinforcing the integrity of the initial statements recorded under section 164 of the Criminal Procedure Code. |
| Summary |
In the case of Sarja vs Crown, the Lahore High Court addressed the conviction of Sarja for the murder of Mst. Fatima, which stemmed from a land dispute. The court considered the circumstances under which the murder occurred and the evidence presented, particularly the statements made by witnesses before the Committing Magistrate. The court found that these statements, once transferred to the Sessions file, held the same evidentiary weight as testimony given in the Sessions Court. Despite the initial conviction resulting in a death sentence, the court noted doubts regarding Sarja's age and ultimately changed the sentence to transportation for life. This case highlights the critical role of witness statements in criminal proceedings and the judicial system's approach to handling cases involving youthful offenders. The decision underscores the necessity for courts to carefully evaluate the credibility of evidence and witness testimonies, especially in cases involving serious charges such as murder. This ruling not only serves as a precedent for similar cases but also emphasizes the need for fair trials and the protection of the rights of defendants, particularly minors. Keywords: murder conviction, land dispute, substantive evidence, witness statements, juvenile justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Siddique,
Mst. Fatima,
Sohna,
Chavi
|
| Judges |
MUHAMMAD, JAN,
SHABIR AHMAD
|
| Lawyers |
Hamid-ud-Din,
C. M. Sharif
|
| Petitioners |
Sarja
|
| Respondents |
CROWN
|
| Citations |
1951 SLD 104,
1951 PLD 126
|
| Other Citations |
A. I. R. 1942 L. 215,
A. I. R. 1936 L. 357,
A. I. R. 1925 L. 399,
I.L.R.6 L.199,
I.L.R.5L.324
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code
|
| Sections |
288,
164,
302,
392
|