| Case ID |
7368a9c1-7dcc-4603-90f0-3fcdf8ca7cef |
| Body |
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| Case Number |
Murder Reference No.50 of 2010 |
| Decision Date |
|
| Hearing Date |
Jan 25, 2016 |
| Decision |
The Lahore High Court has meticulously reviewed the Criminal Appeals Nos. 349, 473, 511, Criminal Revision No. 184, and Murder Reference No. 50 of 2010, all associated with the case cited as 2018 SLD 2716 = 2018 PCRLJ 33. After a thorough examination of the evidence presented, including ocular accounts, medical evidence, and forensic reports, the court has decided to modify the sentences of the appellants Zaheer-ud-Din Babar, Dawood Baig, and Irshad Ali from death to life imprisonment. The court acknowledged the mitigating circumstances surrounding the motive and the spontaneous nature of the incident, leading to a reduction in penalties. Additionally, the court dismissed the appeals for enhancement of sentences and upheld the acquittal of co-accused Shehnaz Begum, Farah Sabir, Waqar Ali, Mazhar Baig, and Ansar Ali. The decision emphasizes the importance of corroborative evidence and the necessity of proving motives beyond reasonable doubt in criminal cases. |
| Summary |
In the landmark decision delivered by the Lahore High Court on hearing Criminal Appeals Nos. 349, 473, 511, Criminal Revision No. 184, and Murder Reference No. 50 of 2010, the court meticulously evaluated the case referenced as 2018 SLD 2716 = 2018 PCRLJ 33. The appellants, Zaheer-ud-Din Babar, Dawood Baig, Sabir Hussain, and Irshad Ali, faced charges under the Pakistan Penal Code of 1860, specifically sections 34, 302(b), 324, and 452, as well as sections 410 and 417(2-A) of the Criminal Procedure Code (V of 1898). The case revolved around a brutal incident involving multiple shootings and assaults, leading to the deaths of Mazhar Hussain and Mst. Azra Bibi, and injuries to several others.
The prosecution presented a robust case supported by ocular accounts from key witnesses, medical evidence, and forensic reports linking the appellants to the recovered weapons of offense. The defense, however, challenged the motive behind the incident, arguing the absence of a premeditated plan and highlighting delays in reporting the FIR due to medical emergencies. The court observed that the prosecution failed to conclusively prove the motive, considering it a mitigating factor.
Judges Abdul Sami Khan and Raja Shahid Mehmood Abbasi deliberated on the principles of common intention and the necessity of proving motives beyond reasonable doubt. Referencing pivotal cases such as Hassan Din v. Muhammad Mushtaq and Shakeel and others v. The State, the court emphasized that common intention requires prior concert and pre-arranged plans, which were not sufficiently established in this case.
Consequently, the court modified the sentences of Zaheer-ud-Din Babar, Dawood Baig, and Irshad Ali from death to life imprisonment, taking into account mitigating circumstances and the spontaneous nature of the incident. The court also acquitted co-accused Shehnaz Begum, Farah Sabir, Waqar Ali, Mazhar Baig, and Ansar Ali due to insufficient evidence linking them to the crimes. The decision underscores the judiciary's commitment to upholding justice by thoroughly scrutinizing evidence and ensuring that convictions are based on incontrovertible proof.
This case highlights the critical role of comprehensive evidence evaluation in criminal justice, the importance of establishing clear motives, and the judiciary's adherence to principles that protect the rights of the accused while ensuring accountability for criminal actions. The Lahore High Court's ruling serves as a precedent for future cases involving complex criminal dynamics, emphasizing the balance between stringent prosecution and fair adjudication. |
| Court |
Lahore High Court
|
| Entities Involved |
The State,
ABDUL SAMI KHAN,
Sabir Hussain,
Shehnaz Begum,
Zaheer-ud-Din Babar,
Dawood Baig,
Irshad Ali,
Waris Baig,
Farah Sabir,
Waqar Ali,
Mazhar Baig,
Ansar Ali,
Muhammad Usman,
Hamid Rashid Gondal,
RAJA SHAHID MEHMOOD ABBASI,
Malik Waheed Anjum
|
| Judges |
ABDUL SAMI KHAN,
RAJA SHAHID MEHMOOD ABBASI
|
| Lawyers |
Malik Waheed Anjum,
Muhammad Usman,
Hamid Rashid Gondal
|
| Petitioners |
Zaheer-ud-Din Babar and others
|
| Respondents |
The State and others
|
| Citations |
2018 SLD 2716,
2018 PCRLJ 33
|
| Other Citations |
Hassan Din v. Muhammad Mushtaq and 2 others 1978 SCMR 49,
Muhammad Yaqoob Sub-Inspector v. The State PLD 2001 SC 378,
Shakeel and 5 others v. The State PLD 2010 SC 47 rel.,
Hasil Khan v. The State 2012 SCMR 1936,
Mir Muhammad alias Miro v. The State 2009 SCMR 1188,
Ansar Ahmed Khan Barki v. The State and another 1993 SCMR 1660,
Sharafat Ali Khan v. The State 2010 SCMR 1205,
Haji Muhammad Sadiq v. Liaquat Ali and others 2014 SCMR 1034 rel.,
Ayub Masih v. The State PLD 2002 SC 1048,
Muhammad Akram v. The State 2009 SCMR 230 rel.,
Muhammad Usman and 2 others v. The State 1992 SCMR 498,
The State v. Muhammad Sharif and others 1995 SCMR 635 rel.,
Iftikhar Hussain and others v. The State 2004 SCMR 1185 rel.
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
34,
302(b),
324,
452,
410,
417(2-A)
|