| Case ID |
67cae8a3-37d3-4df5-8aa4-c14612e7d377 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 261-J and Murder Reference No. |
| Decision Date |
May 20, 2013 |
| Hearing Date |
May 20, 2013 |
| Decision |
The Lahore High Court allowed the appeal of Muhammad Afzal, acquitting him from the charges of murder under section 302(b) of the Pakistan Penal Code. The court found that the prosecution failed to establish the case beyond reasonable doubt due to inconsistencies between the ocular evidence and medical testimony regarding the distance from which the shot was fired. The judgment of conviction and sentence handed down by the Additional Sessions Judge, Sheikhupura was set aside, and the appellant was released as the evidence did not support the prosecution's claims. |
| Summary |
In the case of Muhammad Afzal vs The STATE, the Lahore High Court reviewed the conviction of Muhammad Afzal under section 302(b) of the Pakistan Penal Code for the murder of Habib. The incident occurred on April 28, 2003, during daylight when the appellant allegedly shot the deceased during a dispute over agricultural land. The prosecution's case relied heavily on eyewitness testimony; however, the court found significant contradictions between the accounts provided by witnesses and the medical evidence regarding the distance of the shooting. The medical report indicated that the deceased was shot from a close range, while the witnesses claimed a much greater distance. This inconsistency led to the conclusion that the prosecution had not met the burden of proof required for conviction. Consequently, the court acquitted Muhammad Afzal, emphasizing the importance of reliable evidence in criminal cases. This decision highlights the challenges faced in murder trials where eyewitness accounts clash with forensic findings, and it underscores the necessity for thorough investigations in such serious allegations. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Nawaz,
Muhammad Boota,
Akbar,
Sarfraz Hussain (Complainant),
Habib (Deceased),
Safdar Ali,
Ashfaq Ali,
Shahid alias Billa
|
| Judges |
Mazhar Iqbal Sidhu,
Syed Muhammad Kazim Raza Shamsi
|
| Lawyers |
Ch. Ghulam Murtaza Khan,
Sher Afgan Asadi,
Babar Murtaza Khan,
Malik Qamar Masood Khokhar,
Ch. Muhammad Mustafa
|
| Petitioners |
Muhammad Afzal
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 441,
2015 PCRLJ 111
|
| Other Citations |
Syed Abdul Baqi Shah v. The State 1997 SCMR 32,
Muhammad Aslam Khan v. The State 1999 SCMR 172,
Wahid v. The State PLD 2002 SC 62,
Muhammad Tufail v. The State PLD 2002 SC 786,
Abdul Subhan v. Raheem Bakhsh PLD 1994 SC 178,
Muhammad Ishaque v. The State 2007 SCMR 108
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b)
|