| Case ID |
d83137e9-950b-472f-adb4-5349e441df71 |
| Body |
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| Case Number |
Criminal Appeals Nos. 44, 47 and 48 of 2005 |
| Decision Date |
May 18, 2007 |
| Hearing Date |
Mar 05, 2007 |
| Decision |
The Supreme Court upheld the convictions and sentences of Liaqat Hussain for the murder of two individuals, affirming the sentences of Qisas. The court noted that the ocular testimony provided by the witnesses was credible and corroborated by medical evidence and forensic reports. However, it granted benefit of doubt to Muhammad Khan, who was only accused of raising a Lalkara without any direct involvement in the shooting, thus reversing his life imprisonment sentence to a lesser term of 10 years rigorous imprisonment. The court emphasized the importance of thorough scrutiny of witness credibility, particularly in cases involving familial relationships and potential biases. |
| Summary |
In the case of Criminal Appeals Nos. 44, 47, and 48 of 2005, the Supreme Court of AJ&K addressed the convictions of Liaqat Hussain and Muhammad Khan for their involvement in a double murder. The case arose from an incident where witnesses testified that Liaqat Hussain shot two individuals, Muhammad Katib and Muhammad Rasheed, during a dispute. The court evaluated the reliability of the witness testimonies, emphasizing that ocular evidence can suffice for conviction if deemed credible. The court upheld the conviction of Liaqat Hussain, reinforcing the principles governing eyewitness accounts and the standards for corroborative evidence. Conversely, it recognized the lack of direct involvement of Muhammad Khan in the shooting and adjusted his sentence accordingly. This case highlights critical aspects of criminal law, including the standards of evidence, witness credibility, and the application of Qisas in murder cases, making it significant in legal discourse on homicide and procedural justice. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Reaz Akhtar Chaudhry, Chief Justice,
Khawaja Shahad Ahmed, Justice
|
| Lawyers |
Sardar Khalil Ahmed Bukhari,
Ch. Ali Muhammad,
Muzaffar Ali Zafar, Addl. A.G.
|
| Petitioners |
Liaqat Hussain,
Mst. Raj Bi
|
| Respondents |
Muhammad Khan,
Ulfat Khan
|
| Citations |
2007 SLD 4101,
2007 PLD 107
|
| Other Citations |
Muhammad Hanif v. The State 1983 PCr.LJ 225,
Mehtab Khan v. The State PLD 1979 SC (AJ&K) 23,
Hidayat Ullah and others v. The State 1976 PCr.LJ 1067,
Muhammad Latif and 4 others v. The State 1976 PCr.LJ 1151,
Muhammad Shafi and another v. The State 1970 PCr.LJ 868,
Abdul Rashid and others v. Abdul Ghaffar and others 2001 PCr.LJ 524
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
34,
341,
13,
103
|