| Case ID |
432430b5-77d3-44d2-8faa-61ae2cbba890 |
| Body |
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| Case Number |
Criminal Appeals Nos.316, 184/J, Criminal Revision |
| Decision Date |
Dec 06, 2007 |
| Hearing Date |
Dec 06, 2007 |
| Decision |
The Lahore High Court upheld the convictions of the appellants in the murder case, finding the evidence presented by the prosecution credible and reliable. The court emphasized the importance of the promptly lodged FIR, which established the genuineness of the prosecution's claims. Witnesses corroborated each other's accounts regarding the occurrence, identifying the accused and the weapons used. The court found minor discrepancies in eyewitness testimonies to be insignificant given the circumstances. The court maintained the death sentences for Naseer Ahmad and Muhammad Younas Shah, while reducing Gulraiz Akhtar's sentence from death to life imprisonment, noting his lesser involvement in the crime. The judgment reinforced the principle that even without a clear motive, a murder conviction can stand based on credible eyewitness testimony and corroborative evidence. |
| Summary |
This case involves multiple criminal appeals and revisions related to a murder that took place in broad daylight, with the FIR promptly lodged detailing the involvement of the accused. The Lahore High Court, upon reviewing the evidence, upheld the convictions based on the testimonies of eyewitnesses who were present during the incident. The court found that the FIR was a genuine document and the prosecution's case was proved beyond reasonable doubt. The court also discussed the legal implications of abetment and conspiracy concerning the accused. The decision highlighted the significance of corroborative evidence and the credibility of eyewitness accounts in establishing the guilt of the accused, notwithstanding minor discrepancies in their testimonies. Ultimately, the court confirmed the sentences awarded by the trial court, with a notable reduction in the sentence for one of the appellants, reflecting the court's discretion in sentencing while ensuring justice was served. This case illustrates the complexities of criminal law, particularly in murder cases, and emphasizes the importance of thorough investigation and reliable witness testimonies. |
| Court |
Lahore High Court
|
| Entities Involved |
Raja Shamshad Hussain,
Haji Muhammad Riaz
|
| Judges |
M. Bilal Khan,
Tariq Shamim
|
| Lawyers |
Ms. Yasmeen Sehgal,
Muhammad Safdar Shaheen Pirzada,
Safdar Shahbaz Latif Khan Khosa,
Sh. Najam-ul-Hassan,
Sher Afgan Asadi,
Ch. Muhammad Hussain Chhachhar
|
| Petitioners |
Naseer Ahmad,
GULRAIZ AKHTAR,
Mst. Mehr-un-Nisa,
Muhammad Younas Shah
|
| Respondents |
THE STATE,
Raja Shamshad Hussain
|
| Citations |
2008 SLD 6857 = 2008 PCRLJ 506
|
| Other Citations |
Talib Hussain and others v. The State 1995 SCMR 1776,
Waris Khan v. The State 2001 SCMR 387
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
109,
34
|