| Case ID |
e2e12956-cc12-42b2-86cf-bfc7b3528519 |
| Body |
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| Case Number |
Criminal Appeal No. 97 of 2005 and Murder Referenc |
| Decision Date |
May 11, 2010 |
| Hearing Date |
May 11, 2010 |
| Decision |
The conviction of the appellant Ali Sher under section 302(b) of the Penal Code was upheld, but his death sentence was altered to life imprisonment. The court found that the prosecution's evidence was insufficient to justify the extreme penalty of death as the only eyewitness's testimony lacked corroboration, and there were substantial doubts regarding the motive and the cause of death. The court emphasized the necessity of independent corroboration for capital punishment, especially when the sole eyewitness's credibility was questioned. The judgment also noted that the cause of death was septicemia, which was not directly attributable to the firearm injuries inflicted by the appellant. |
| Summary |
In the case of Ali Sher vs. The State, the Lahore High Court reviewed a criminal appeal concerning the conviction of Ali Sher for murder under section 302(b) of the Penal Code. The case revolved around the murder of Ibrahim, where the sole eyewitness's testimony was critical but questioned due to inconsistencies and the lack of corroborating evidence. The court highlighted the principle that the death penalty should not be imposed based solely on an interested witness's testimony without corroboration. The decision ultimately altered the death sentence to life imprisonment, emphasizing the need for safe administration of justice and the importance of corroborative evidence in serious criminal cases. This case underscores the judicial system's commitment to ensuring that capital punishment is reserved for the most compelling evidence and circumstances, reinforcing the legal standards for establishing guilt in homicide cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Sardar Muhammad Shamim Khan
|
| Lawyers |
Prince Sh. Rehan Iftikhar,
Rana Kashif Saleem Arfaa
|
| Petitioners |
Ali Sher
|
| Respondents |
The State
|
| Citations |
2010 SLD 2904 = 2010 PCRLJ 1582
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
46(1),
161
|