| Case ID |
44d844ad-847e-49fc-9eac-761e75af526b |
| Body |
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| Case Number |
Criminal Appeal No. 17 and Confirmation Case No. 2 |
| Decision Date |
Sep 21, 1998 |
| Hearing Date |
Apr 29, 1998 |
| Decision |
The appeal is dismissed, and the death sentence awarded to the appellants is affirmed. The case involved a brutal murder premeditated by the appellants due to a family dispute concerning a daughter. The prosecution established motive, ocular evidence, and recovery of the crime weapons. The court noted that the evidence presented was credible and corroborated. The absence of mitigating circumstances warranted the death penalty as per legal standards. |
| Summary |
This case revolves around a tragic incident of double murder where the appellants were convicted under section 302(b) of the Penal Code for the premeditated killing of two brothers. The court emphasized that while proving motive is not obligatory for prosecution, it bolstered the case. The incident occurred in broad daylight, with eyewitnesses confirming the occurrence and the presence of the appellants at the scene. The recovery of blood-stained weapons further strengthened the prosecution's case. The judges concluded that the evidence was overwhelming and dismissed the appeal, confirming the death sentence against the appellants. The case highlights critical aspects of criminal law, including the evidential standards required to uphold a murder conviction, the importance of eyewitness testimony, and the implications of motive in criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui, Justice,
Raja Qureshi, Justice
|
| Lawyers |
A.Q. Halepota for Appellants,
Habib Ahmed, A.A.G. for the State
|
| Petitioners |
Kamal,
Nizam,
Jinsar
|
| Respondents |
The State
|
| Citations |
1999 SLD 1233,
1999 PLD 212
|
| Other Citations |
Bagh Ali v. Muhammad Anwar and another 1983 SCMR 1292,
Janib and 2 others v. The State 1986 PCr.LJ 583,
Rasool Bux v. The State 1980 SCMR 225,
Allah Wasaya v. The State PLD 1982 SC 208,
Rasib and another v. The State 1985 SCMR 484,
Muhammad Nazir v. The State 1985 SCMR 507,
Iqbal alias Bhala and 2 others v. The State 1994 SCMR 1,
Muhammad Iqbal v. Muhammad Akram and another 1996 SCMR 908,
Ali Gohar v. State 1996 SCMR 549
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)/34
|