| Case ID |
e1d39af3-b43f-44e9-9f8f-21c7ad20415d |
| Body |
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| Case Number |
Criminal Appeal No. 879 of 2012 |
| Decision Date |
Jan 30, 2017 |
| Hearing Date |
Jan 30, 2017 |
| Decision |
The Lahore High Court upheld the conviction of Usman alias Shanaan for the murder of Muhammad Yasin but converted the death sentence to life imprisonment. The court found that while the prosecution had established a case of murder under sections 302(b) and 34 of the Penal Code, there were extenuating circumstances regarding the motive and the inability of witnesses to directly connect specific injuries to the accused. The High Court emphasized the importance of prompt FIRs and corroboration of medical evidence, but noted the failure to prove motive beyond a reasonable doubt warranted a lesser sentence. The appeal against conviction was dismissed. |
| Summary |
In the case of Criminal Appeal No. 879 of 2012, the Lahore High Court examined the conviction of Usman alias Shanaan for the murder of Muhammad Yasin under the Penal Code. The court highlighted the significance of prompt FIRs and natural witness testimonies in establishing the facts of the case. Despite the conviction being upheld, the death sentence was converted to life imprisonment due to the prosecution's failure to prove the motive adequately. The case raised critical discussions on the interpretation of common intention under section 34 and the evidentiary standards required in murder trials. This case serves as a significant reference in criminal law, particularly regarding the assessment of motive and the discretion in sentencing for serious offenses. Keywords such as 'criminal appeal', 'murder conviction', 'penal code', and 'life imprisonment' are trending in legal discussions, making this case a valuable point of study for law students and practitioners. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sayyed Mazahar Ali Akbar Naqvi,
Justice Ch. Abdul Aziz,
Justice Usman alias Shanaan
|
| Lawyers |
Saqib Jillani,
Mian Pervaiz Hussain,
Mian Muhammad Awais Mazhar
|
| Petitioners |
Usman alias Shanaan
|
| Respondents |
The State
|
| Citations |
2020 SLD 1185 = 2020 MLD 1097
|
| Other Citations |
Soba Khan and another v. The State and another 2017 PCr.LJ 211,
Zakir Hussain v. The State 2009 SCMR 222,
Qaddan and others v. The State 2017 SCMR 148,
Muhammad Riaz and another v. The State and another 2007 SCMR 1413,
Muhammad Sharif v. The State PLD 2009 SC 709,
Ghulam Mohy-ud-Din alias Haji Babu and others v. The State 2014 SCMR 1034
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
34
|