| Case ID |
438ccea1-2609-482a-a36c-dcd81e764155 |
| Body |
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| Case Number |
Criminal Appeals Nos. 915, 1011, Criminal P.S.L.A. |
| Decision Date |
Nov 15, 2018 |
| Hearing Date |
Nov 15, 2018 |
| Decision |
The Lahore High Court delivered a judgment on the criminal appeals and murder reference involving multiple accused in a case of homicide. The court allowed the appeal of the co-accused, acquitting them due to lack of sufficient evidence linking them to the crime. The court emphasized the importance of corroborative evidence when the ocular account comes from interested and related witnesses. The court found that while one accused was directly linked to the murder through eyewitness testimony and forensic evidence, the others had established a credible alibi. The death sentence of the primary accused was modified to life imprisonment based on mitigating factors, including the nature of his involvement and the absence of direct evidence against the co-accused. The case highlighted the principles of reasonable doubt and the necessity for a fair trial. |
| Summary |
The Lahore High Court case involved multiple criminal appeals and a murder reference related to a violent incident where four individuals were killed. The prosecution's case hinged on eyewitness accounts and forensic evidence linking the primary accused to the crime. However, the court found that the testimonies presented were from interested parties, necessitating independent corroboration. The court allowed appeals for co-accused, citing insufficient evidence and established alibis. The judgment reinforced the principle that the prosecution must prove its case beyond a reasonable doubt, especially in serious criminal matters like homicide. The case also addressed the implications of previous enmity among the parties involved, which played a significant role in the trial's outcome. The court modified the death sentence of the main accused, reflecting on the legal standards for sentencing in murder cases under Pakistani law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAYYED MAZAHAR ALI AKBAR NAQVI,
JUSTICE MUHAMMAD WAHEED KHAN,
JUSTICE MUHAMMAD ASLAM
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Usman,
Abid Saqi,
Mudassar Farooq,
Sohail Afzal Khan
|
| Respondents |
Saeed Ahmad Sheikh,
Rai Bashir Ahmed
|
| Citations |
2019 SLD 1353,
2019 YLR 1226
|
| Other Citations |
Tariq Pervez v. The State 1995 SCMR 1345,
Riaz Masih alias Mithoo v. The State 1995 SCMR 1730,
Muhammad Akram v. The State 2009 SCMR 230,
Muhammad Riaz and another v. The State and another 2007 SCMR 1413,
Muhammad Sharif v. The State PLD 2009 SC 709
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
109,
148,
149,
302,
302(b),
395,
428,
429,
173,
544A
|