| Case ID |
e0f0ca5c-85ed-497b-9c91-465291c6b04d |
| Body |
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| Case Number |
Criminal Appeal No. 300 of 2010 |
| Decision Date |
Dec 22, 2011 |
| Hearing Date |
|
| Decision |
In this case, the court reviewed the conviction of Kashif, who was sentenced to death for the murder of three individuals. The primary argument against the conviction was based on the credibility of the eyewitness accounts and the absence of a post-mortem on the deceased complainant, Waqar Hussain. The court found that the initial report made by the complainant, who later died from his injuries, had assumed the status of a dying declaration. Despite the defense's arguments regarding the identification of the accused and the delay in reporting the incident, the court upheld the conviction, albeit converting the death sentence to life imprisonment due to the lack of clear motive and the mitigating circumstances surrounding the night-time occurrence of the crime. |
| Summary |
The case of Kashif vs. The State revolves around a tragic incident where multiple individuals were shot during a confrontation. The complainant, Waqar Hussain, initially reported the incident while severely injured, later succumbing to his wounds. The court focused on the validity of the eyewitness testimonies and the significance of the complainant's dying declaration. Despite challenges regarding the identification of the assailants and procedural delays, the prosecution's case was bolstered by corroborative evidence. The court ultimately modified the death sentence to life imprisonment, emphasizing the importance of the quality of evidence over quantity. This case highlights the complexities involved in criminal law, particularly in murder cases, and the critical role of eyewitness accounts and medical evidence in securing convictions. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
DOST MUHAMMAD KHAN,
MAZHAR ALAM KHAN MIANKHEL
|
| Lawyers |
Barrister M. Zahoorul Haq,
Barrister Waqar Ali,
Sahibzada Asadullah Khan
|
| Petitioners |
Kashif
|
| Respondents |
THE STATE,
|
| Citations |
2012 SLD 2281,
2012 PCRLJ 1467
|
| Other Citations |
Niaz Ahmad v. State PLD 2003 SC 635,
State v. Muhammad Ashraf 1998 SCMR 1764,
Abdul Aziz v. The State 1994 SCMR 35,
State v. Sharafat Ali Khan 2010 SCMR 1205,
State v. Muhammad Ahmad (Mehmood Ahmad) 2010 SCMR 660
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
324,
337-D,
337-F(v),
34
|