| Case ID |
d732337c-1a59-449f-ad3e-630c02085d1f |
| Body |
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| Case Number |
Crl. A. No. 2410 of 2010 |
| Decision Date |
Feb 26, 2015 |
| Hearing Date |
Feb 26, 2015 |
| Decision |
The Lahore High Court upheld the conviction and sentence of Zafar Hayat for the murder of Mst. Gulnaz, establishing that the prosecution proved its case beyond a reasonable doubt. The court found the evidence of eyewitnesses credible, emphasizing the obligation of the prosecution to prove its case without any shadow of doubt. The ruling clarified the difference between Qisas and Ta'zir, concluding that the appellant could not benefit from a partial compromise by some legal heirs, hence the conviction under Section 302(b) of the Pakistan Penal Code was justified. The court also ordered compensation to the legal heirs of the deceased and maintained the sentences for other charges, confirming that all sentences would run concurrently. |
| Summary |
In the case of Zafar Hayat, the Lahore High Court addressed serious charges of murder and attempted murder under the Pakistan Penal Code and the Anti-Terrorism Act. The court meticulously examined the evidence presented, including eyewitness accounts and medical reports, leading to a conviction for the murder of Mst. Gulnaz. The decision emphasized the necessity of proving guilt beyond a reasonable doubt, highlighting the role of the prosecution in ensuring justice. The court also distinguished between the laws of Qisas and Ta'zir, asserting that a partial compromise by some heirs does not absolve the accused of responsibility in cases categorized under Ta'zir. This ruling reinforces the importance of thorough legal processes in criminal cases, particularly those involving violent crimes. The judgment serves as a critical reference for understanding the application of laws concerning murder and related defenses in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SAMI KHAN,
SADAQAT ALI KHAN
|
| Lawyers |
Mr. Usman Naseem,
Mr. Tariq Javed,
Mr. Imran Javed Gill
|
| Petitioners |
ZAFAR HAYAT
|
| Respondents |
another,
STATE
|
| Citations |
2016 SLD 1599,
2016 PLJ 332
|
| Other Citations |
2004 SCMR 236
|
| Laws Involved |
Pakistan Penal Code, 1860,
Anti-Terrorism Act, 1997,
Criminal Procedure Code, 1898
|
| Sections |
302,
324,
34,
311,
337-F(i),
7,
25,
345(2)
|