| Case ID |
67cc6b6f-6ba6-47a7-ad56-5a8c50d337ee |
| Body |
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| Case Number |
Criminal Appeals Nos. 1380, 1562 and Murder Refere |
| Decision Date |
Dec 17, 2019 |
| Hearing Date |
Dec 17, 2018 |
| Decision |
The court dismissed the appeal filed by the appellant, modifying the sentence from death to life imprisonment under section 302(b) of the Pakistan Penal Code, considering mitigating circumstances. The decision emphasized the significance of the evidence presented, including ocular accounts from witnesses and medical examination results that corroborated the prosecution's case. The acquittal of co-accused was also discussed, highlighting the burden of proof required for conviction and the presumption of innocence until proven guilty. The appeal against the acquittal of co-accused was dismissed as not pressed, leaving the matter solely focused on the appellant's conviction. |
| Summary |
In the case of Criminal Appeals Nos. 1380, 1562, and Murder Reference No. 380 of 2013, the Lahore High Court addressed the serious charges of murder under the Pakistan Penal Code. The case revolved around the murder of Fateh Muhammad, with the primary accused, Mumtaz alias Taja, being convicted based on compelling evidence from eyewitnesses and the medical examination that confirmed the cause of death. The court considered the prompt reporting of the incident to the police, the relationship of the witnesses to the deceased, and the nature of the injuries inflicted. Despite the conviction, the court acknowledged mitigating factors leading to the modification of the sentence from death to life imprisonment. The judgment reflects the court's commitment to ensuring justice while adhering to legal principles governing criminal proceedings. Keywords such as 'murder conviction', 'Lahore High Court', 'Pakistan Penal Code', and 'life imprisonment' are critical in understanding the legal implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAYYED MAZAHAR ALI AKBAR NAQVI,
JUSTICE MUHAMMAD WAHEED KHAN,
JUSTICE MUMTAZ ALIAS TAJA
|
| Lawyers |
Aman Ullah Ranjha
|
| Petitioners |
Aman Ullah Ranjha
|
| Respondents |
THE STATE AND OTHERS
|
| Citations |
2019 SLD 1320,
2019 PCRLJ 781
|
| Other Citations |
Israr Ali v. The State 2007 SCMR 525 rel.,
Ijaz Ahmad v. The State 2009 SCMR 99,
Talib Hussain and others v. The State and others 2009 SCMR 825 rel.,
Shamas-ud-Din v. Muhammad Shahbaz Qammar and 2 others 2009 SCMR 427,
The State Through Advocate General NWFP, Peshawar v. Humayoun and others 2007 SCMR 1417,
(1) Amal Sherin (2) Zahir Gul v. The State through against NWFP, Peshawar PLD 2004 SC 371,
Muhammad Ali v. Muhammad Yaqoob and others 1998 SCMR 1814,
Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 rel.
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
34,
302(b),
161,
173,
190(2),
340(2),
342,
417,
417(2A),
544A
|