| Case ID |
43e415cf-c24d-45bd-8787-7e2afe594c78 |
| Body |
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| Case Number |
Criminal Appeal No. 114 of 2004 and Murder Referen |
| Decision Date |
Mar 25, 2010 |
| Hearing Date |
Mar 16, 2010 |
| Decision |
The Lahore High Court dismissed the appeal of the appellant Mumtaz, confirming his conviction for the murder of Muhammad Nawaz. The court found that the evidence presented, including the prompt registration of the F.I.R., the consistency of the eyewitness accounts, and corroborating medical evidence, was sufficient to uphold the trial court's judgment. The appellant's plea of alibi was rejected, and the court noted that the motive behind the murder was established. The absence of mitigating circumstances led to the affirmation of the death penalty, and the appeal was dismissed in its entirety. |
| Summary |
In the case of Mumtaz vs. The State, the Lahore High Court examined the conviction of the appellant Mumtaz for the murder of Muhammad Nawaz, which took place on January 6, 1998. The court evaluated the evidence that included eyewitness accounts, the timely reporting of the crime, and medical examinations that corroborated the details provided by the witnesses. The prosecution successfully established a motive related to a property dispute, which contributed to the court's decision. The judges emphasized that the presence of eyewitnesses who were closely related to the deceased added credibility to their testimonies. The court dismissed the appeal, confirming the death sentence imposed by the trial court. This case highlights the importance of timely reporting and the reliability of eyewitness testimony in criminal proceedings, particularly in murder cases. The court's decision serves as a precedent in similar future cases, reinforcing the standards of evidence required in criminal law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Manzoor Ahmad Malik,
Muhammad Anwar Bhaur
|
| Lawyers |
Mian Aftab Farrukh,
Mian Muhammad Sikandar Hayat,
M.M. Alam,
Kh. Sultan Ahmad,
Sher Afghan Asadi
|
| Petitioners |
Mumtaz
|
| Respondents |
The State
|
| Citations |
2011 SLD 6723 = 2011 PCRLJ 1929
|
| Other Citations |
Rahim Ullah Jan v. Kashif and others PLD 2008 SC 298,
Mirza Khan and another v. The State 2005 SCMR 1110,
Liaqat v. The State 2006 SCMR 33,
Sardar Khan and 3 others v. State 1998 SCMR 1823
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|