| Case ID |
42614907-eb51-463d-8d69-16bc48e7eb6b |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petitions Nos. 335 of 2020 and 678 of 202 |
| Decision Date |
Sep 29, 2020 |
| Hearing Date |
Sep 29, 2020 |
| Decision |
The Supreme Court upheld the conviction of the accused under section 316 of the Pakistan Penal Code, 1860, while reducing their sentence from 10 years to 5 years of rigorous imprisonment. The Court found that although the injuries sustained by the deceased appeared trivial, they were exacerbated by the deceased's advanced age, leading to his death. The prosecution's inability to recover weapons and the nature of the injuries suggested that the violence inflicted was inconsistent with the allegations made. Thus, the High Court's decision to maintain the convictions was deemed appropriate, and the petitions for leave to appeal were dismissed. |
| Summary |
In the case of FAREED AND OTHERS vs THE STATE AND OTHERS, the Supreme Court of Pakistan addressed issues surrounding the conviction of individuals for Qatl-i-amd (murder) under the Penal Code. The case revolved around the death of Ghulam Muhammad following an assault. The Court examined evidence, including medical reports and witness statements, ultimately concluding that while the injuries were serious, there was insufficient evidence to directly link them to the accused's actions in a manner that warranted a murder charge under section 302(b). The Court's decision highlights the nuances of legal interpretation in cases involving physical altercations leading to death, particularly when assessing the impact of age and health on the victim's ability to withstand injuries. This case contributes to the ongoing discourse on the application of criminal law in Pakistan, particularly in relation to homicide cases and the standards of proof required for conviction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM, JUSTICE,
YAHYA AFRIDI, JUSTICE,
QAZI MUHAMMAD AMIN AHMED, JUSTICE
|
| Lawyers |
Asadullah Khan Chamkani, Advocate Supreme Court for Petitioners (in Cr. P. 335/2020),
Hussain Ali, Advocate Supreme Court for Petitioners (in Cr. P. 678/2020),
Arshad Hussain Yousafzqai, Advocate Supreme Court/State Counsel for the State (in both cases),
Hussain Ali, Advocate Supreme Court for Respondents (in Cr. P. 335/2020),
Asadullah Khan Chamkani, Advocate Supreme Court for Respondents (in Cr. P. 678/2020)
|
| Petitioners |
FAREED AND OTHERS
|
| Respondents |
THE STATE AND OTHERS
|
| Citations |
2021 SLD 1347 = 2021 SCMR 621
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
316,
302(b)
|