| Case ID |
d869e986-52ac-4e4c-a5bf-5998c8e04eb1 |
| Body |
View case body. Login to View |
| Case Number |
Murder Appeal No. 5 of 2007 |
| Decision Date |
Nov 26, 2019 |
| Hearing Date |
|
| Decision |
The appeal against the acquittal was dismissed as the prosecution failed to establish common intention among the accused. The evidence presented did not meet the requirements under Section 149 of the Penal Code, which necessitates proof of a common object shared by the unlawful assembly. The court found that the prosecution's case lacked sufficient evidence to suggest that the accused had pre-planned the murder of the complainant's brothers. The trial court's decision was deemed well-reasoned and based on a proper appreciation of the evidence presented. |
| Summary |
In the case of Murder Appeal No. 5 of 2007, the High Court (AJ&K) addressed serious allegations involving murder and conspiracy under the Penal Code (XLV of 1860). The case revolved around the tragic deaths of Muhammad Sagheer and Akhtar Hussain, brothers of the complainant, who were reportedly attacked by a group allegedly led by Muhammad Sadiq and others. The prosecution argued that these individuals acted with common intention, driven by revenge due to a prior FIR filed against one of the co-accused. However, the court found that the evidence presented did not convincingly establish this claim. Key aspects included the lack of physical evidence linking the accused to the crime scene and inconsistencies in witness testimonies. Ultimately, the court upheld the trial court's acquittal of the accused, emphasizing the crucial principle of double presumption of innocence. The decision highlighted the necessity for tangible evidence to prove the charges of unlawful assembly and murder, which were not sufficiently met in this case. This ruling underscores the importance of robust evidence in criminal proceedings and the judicial system's commitment to protecting the rights of the accused. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD MUNIR,
JUSTICE RAZA ALI KHAN,
JUSTICE MUHAMMAD LATIF
|
| Lawyers |
Sardar Iftikhar Ahmed for Appellants,
Sardar Arsalan Nisar for Respondents,
Sardar Javaid Naz, A.A.G. for the State
|
| Petitioners |
Muhammad Latif,
17 Others
|
| Respondents |
Muhammad Sadiq,
8 Others
|
| Citations |
2020 SLD 2208,
2020 YLR 2077
|
| Other Citations |
Muhammad Altaf and 5 others v. The State 2002 SCMR 189,
Nasrullah v. Shamim Akhtar and 4 others 2010 PCr.LJ 1623,
2014 YLR 989
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
324,
147,
148,
149
|