| Case ID |
433cf533-4043-43df-b3e6-c312605b8889 |
| Body |
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| Case Number |
Cr.A. No. 51-P of 2014 |
| Decision Date |
Nov 01, 2016 |
| Hearing Date |
Nov 01, 2016 |
| Decision |
The appeal against the conviction of Khawas Khan for the murder of Umer Zada was dismissed. The court found that the ocular evidence provided by the sole eyewitness, Gulfam Zada, was credible and supported by medical evidence. Despite the defense's arguments questioning the eyewitness's credibility based on a previous trial, the court ruled that the injuries sustained by Gulfam Zada during the incident confirmed his presence and reliability as a witness. The prosecution successfully established that Khawas Khan, in collaboration with co-accused, had committed the murder, and the evidence was sufficient to uphold the conviction. |
| Summary |
In the case of Khawas Khan vs. The State, the Peshawar High Court examined the conviction of Khawas Khan, who was sentenced to life imprisonment for the murder of Umer Zada under sections 302(b) and 34 of the Penal Code. The court assessed the credibility of eyewitness testimony and the evidentiary value of medical reports linking the accused to the crime. Key arguments centered around the reliability of the sole eyewitness, Gulfam Zada, who sustained injuries during the incident. The court emphasized that despite challenges to the witness's credibility based on prior proceedings, the evidence presented was consistent and compelling. This case highlights the importance of eyewitness accounts and medical corroboration in criminal law, particularly in murder cases. The judgment reinforces principles of justice, ensuring that the guilty are held accountable while recognizing the rights of the accused. Keywords relevant to this case include 'murder conviction', 'eyewitness testimony', 'medical evidence', and 'criminal law'. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
WAQAR AHMED SETH,
MOHAMMAD IBRAHIM KHAN
|
| Lawyers |
Waqas Ahmad Chamkani,
Rab Nawaz Khan AAG,
Syed Akhtar Durrani
|
| Petitioners |
KHAWAS KHAN
|
| Respondents |
THE STATE AND OTHERS
|
| Citations |
2017 SLD 2315,
2017 MLD 739
|
| Other Citations |
Abdul Samad v. The State 1973 SCMR 215,
Muhammad Nawaz and others v. The State 1969 SCMR 132,
Ahmad Khan v. Nazir Ahmad 1999 SCMR 803,
Attaullah v. The State 2016 YLR 2148,
Safdar Hayat v. The State 1996 SCMR 1029,
Sher Azam Khan v. The State 2016 YLR 1166,
PLD 2001 SC 222
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
337-A(ii),
34
|