| Case ID |
3d65df0a-809f-4103-ab06-ea2adf5af52b |
| Body |
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| Case Number |
Criminal Appeals Nos. 1034 and 840 and Murder Refe |
| Decision Date |
Apr 04, 2013 |
| Hearing Date |
Apr 04, 2013 |
| Decision |
The Lahore High Court acquitted Muhammad Arshad of the charge of murder, citing that the prosecution failed to prove its case beyond a reasonable doubt. The court found that the story presented by the prosecution was highly improbable and did not inspire confidence. The evidence presented by the prosecution was riddled with inconsistencies, including conflicting medical evidence and a lack of motive. The court emphasized the importance of the right to self-defense and noted that the appellant acted within the legal boundaries provided under Section 100 of the Penal Code. The decision to acquit was based on the principle that any doubt in the prosecution's case must be resolved in favor of the accused. |
| Summary |
In the case of Muhammad Arshad vs. The State, the Lahore High Court addressed serious doubts regarding the prosecution's evidence in a murder trial. The court scrutinized the prosecution's claims, highlighting the improbability of the events as described in the FIR. Key points included the absence of a clear motive and the unreliability of eyewitness accounts. The court also noted discrepancies in the medical evidence, which did not align with the prosecution's narrative. Ultimately, the court reaffirmed the legal principle that any reasonable doubt must benefit the accused, leading to Arshad's acquittal. This case emphasizes the critical role of thorough investigations and the necessity for the prosecution to establish guilt beyond a reasonable doubt, protecting the rights of the accused in the judicial process. Keywords: murder trial, acquittal, reasonable doubt, self-defense, prosecution evidence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK,
MALIK SHAHZAD AHMAD KHAN
|
| Lawyers |
Rana Ijaz Ahmad Khan,
Munir Ahmad Khan,
Arshad Mehmood,
Muhammad Ameer Ali
|
| Petitioners |
Muhammad Arshad
|
| Respondents |
The STATE
|
| Citations |
2014 SLD 2527 = 2014 YLR 1060
|
| Other Citations |
Ashiq Hussain v. The State PLD 1994 SC 879,
Amin Ali and another v. The State 2011 SCMR 323,
Basharat and another v. The State 1995 SCMR 1735,
Muhammad Jamil v. Muhammad Akram and others 2009 SCMR 120,
Muhammad Akram v. The State 2009 SCMR 230,
Mursal Kazmi alias Qamar Shah v. The State 2009 SCMR 1410,
Tariq Pervez v. The State 1995 SCMR 1345
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
100,
417(2-A)
|