| Case ID |
3d4a0183-e9af-4a6a-9aad-172dcdbd8463 |
| Body |
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| Case Number |
Criminal Appeal No. 135 and Murder Reference No. 2 |
| Decision Date |
Nov 27, 2001 |
| Hearing Date |
Oct 30, 2001 |
| Decision |
The Balochistan High Court upheld the conviction of the accused Muhammad Ashraf under Section 302(b) of the Penal Code, reducing his death sentence to life imprisonment. The court noted that the evidence presented showed that although the accused did not have the intention to kill, he acted with knowledge that his actions could likely cause death. The court also clarified that the mere relationship of a witness to the deceased does not automatically make them an interested witness, provided their testimony is credible and reliable. The other appellants were acquitted of the charges due to lack of evidence linking them to the murder and the absence of common intention. The court emphasized individual accountability in criminal acts, stating that each accused should only be responsible for their own actions. |
| Summary |
This case revolves around a tragic incident where a fight escalated, leading to the murder of Izzatullah. The prosecution presented multiple eyewitnesses who testified that the altercation began over a minor dispute. The pivotal moment came when Muhammad Ashraf stabbed the deceased in a fit of rage. The court had to consider the nuances of intent and the credibility of witnesses, ultimately ruling that while Ashraf's actions resulted in death, he did not possess the intent to kill, leading to a life sentence instead of capital punishment. The case highlights the complexities of criminal accountability, particularly in situations where actions stem from sudden provocation. It also underscores the principle that the context of a crime plays a crucial role in determining culpability. The ruling sets a precedent for similar cases where the line between manslaughter and murder is blurred by the circumstances of the incident. Legal professionals must carefully navigate these distinctions in future cases. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
AMAN UL ALLAH KHAN, JUSTICE,
FAZAL UR REHMAN, JUSTICE
|
| Lawyers |
Ehsanul Haq,
Ghulam Mustafa Mengal, A.A.G.,
Amir Raza Naqvi
|
| Petitioners |
MUHAMMAD ASHRAF,
MUHAMMAD RAFIQ,
BAHAR,
AKRAM,
HAJI DUR MUHAMMAD,
DIL JAN
|
| Respondents |
THE STATE,
OTHERS
|
| Citations |
2002 SLD 3127,
2002 PLD 49
|
| Other Citations |
Shahabuddin v. The State PLD 1964 SC 177
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
302,
324,
147,
149
|