| Case ID |
43a13fec-aa6c-43fb-baf4-2180e924fde6 |
| Body |
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| Case Number |
Criminal Appeal No. 03 of 2023 |
| Decision Date |
Jul 09, 2024 |
| Hearing Date |
May 27, 2024 |
| Decision |
The appeal was partly allowed, and the death penalty was altered to life imprisonment due to mitigating factors. The court found that while the prosecution had established its case against the convict, the exoneration of co-accused individuals raised significant considerations regarding the evidence presented. The key witness, the widow of the deceased, provided credible testimony, but the presence of mitigating circumstances warranted a reconsideration of the sentence. The court emphasized the importance of judicial discretion in determining appropriate sentences, especially in cases involving severe penalties like death. |
| Summary |
This case revolves around the conviction of Shahzad Ahmed Shah for the murder of Farooq Shah under the Azad Penal Code. The Supreme Court (AJ&K) reviewed the appeal against the death penalty, initially imposed by the trial court. The court considered the testimonies of 24 prosecution witnesses, highlighting the crucial role of the victim's widow as an eyewitness. The prosecution established a motive rooted in a land dispute, leading to animosity between the parties. However, the court noted the exoneration of several co-accused and the need for careful judicial scrutiny when imposing the death penalty. Ultimately, the court modified the sentence to life imprisonment, emphasizing the necessity of considering mitigating circumstances in such serious cases. This case illustrates the balance between justice and mercy within the legal framework, particularly in violent crimes, making it a significant reference point in criminal jurisprudence. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
|
| Judges |
Khawaja M. Nasim,
Raza Ali Khan
|
| Lawyers |
Raja Shujaat Ali Khan,
Raja Mazhar Waheed Khan,
Haroon Riaz Mughal
|
| Petitioners |
SHAHZAD AHMED SHAH
|
| Respondents |
The STATE through Advocate-General, Azad Jammu and Kashmir, Muzaffarabad
|
| Citations |
2024 SLD 5049,
2024 YLR 2393
|
| Other Citations |
Ghulam Mohy-ud-Din alias Haji Babu v. The State 2014 SCMR 1034,
Dilawar Hussain v. The State 2013 SCMR 1582,
Sikandar Hayat and another v. The State and others PLD 2020 SC 559,
Mst. Safia Bano and another v. Home Department Govt. of Punjab through Secretary and others PLD 2021 SC 488,
Abdul Haque v. The State and another PLD 1996 SC 1,
Muhammad Arshad and others v. State PLD 1996 SC 122,
Syed Kamran Hussain Shah v. State and another 2022 SCR 365,
Karamat Hussain v. State and another 2015 SCR 1007
|
| Laws Involved |
Azad Penal Code (XLV of 1860),
Arms Act (XX of 1965)
|
| Sections |
302(b),
109,
13
|