| Case ID |
44f7928b-8c18-48f6-a632-3a351d7b2767 |
| Body |
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| Case Number |
Criminal Appeal No. 1164 of 2018 and Murder Refere |
| Decision Date |
Nov 14, 2022 |
| Hearing Date |
Nov 14, 2022 |
| Decision |
The appeal was abated due to the death of the appellant, Khuda Bakhsh, during the pendency of the appeal. The court ruled that the appeal cannot proceed further and thus stands abated as per Section 431 of the Criminal Procedure Code. The High Court emphasized the principle of 'lex fori', highlighting that jurisdiction is conferred by law. The principle of abatement was discussed in context of various judgments, and the implications of the death of the accused on the legal proceedings were analyzed. The court returned the record and case property to the Trial Court as the appeal stood abated. |
| Summary |
In the case of Khuda Bakhsh and another versus The State, the Lahore High Court addressed the abatement of a criminal appeal due to the death of the appellant during the pendency of the case. The court elucidated the legal principles surrounding 'lex fori' and the implications of abatement as per the Criminal Procedure Code. The court's decision reinforced the notion that upon the death of an accused, the appeal abates, highlighting numerous precedents that support this principle. The court returned the case record to the trial court, establishing that the legal ramifications of the appellant's death preclude the continuation of the appeal. This case underscores the intersection of constitutional law, penal codes, and procedural statutes, offering critical insights into criminal law jurisprudence in Pakistan. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
Shakil Ahmad,
Muhammad Amjad Rafiq
|
| Lawyers |
Muhammad Usman Sharif Khosa,
Shahid Aleem, A.P.G.
|
| Petitioners |
KHUDA BAKHSH and another
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 2022,
2023 MLD 1983
|
| Other Citations |
Sheikh Iqbal Azam Farooqui through Legal Heirs v. The State through Chairman NAB 2020 SCMR 359,
Dr. Ghulam Hussain (Represented by 8 Heirs) v. State 1971 SCMR 35,
Muhammad Arshad v. The State and another 2018 PCr.LJ 1513,
Anwar Hossain Khan v. The State 1970 PCr.LJ 279,
(1) Syed Ahmad Shah and (2) Fereoze Din v. (1) The State and (2) Malik Abdul Aziz PLD 1967 SC 42,
Dhaular Sher and others v. The State NLR 1998 Criminal 112,
Muhammad Ishaq v. The State 1992 PCr.LJ 1273,
Mukhtar Ahmad and others v. The State 1989 MLD 3730,
Manzoor and others v. The State PLD 1987 Lah. 401,
Ahmad Ali v. The State 1985 PCr.LJ 1111,
Syed Muhammad Sibtain Ali Rizvi v. The State 1984 PCr.LJ 1749,
Muhammad Shamoon (Deceased) through Legal Representative v. The State and another 2019 SCMR 1144,
Ghulam Muhammad alias Gamoon v. The State and another; Criminal Appeal No. 716 of 2018 2021 LHC 6320,
Mukaram Khan v. The State and another 2021 MLD 176,
Harnam Singh v. The State of Himachal Pradesh (1975) 3 SCC 343,
Bondada Gajapathy Rao v. State of Adhra Pradesh 1964 AIR 1645
|
| Laws Involved |
Constitution of Pakistan, 1973,
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
175(2),
302(b),
431
|