| Case ID |
e3039e48-ba86-4e6e-876d-6a5a4a433ab5 |
| Body |
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| Case Number |
Criminal Appeal No. 364-L of 2017 and Criminal Pet |
| Decision Date |
Jul 03, 2019 |
| Hearing Date |
|
| Decision |
The conviction of the appellant Imtiaz alias Taji under section 302(b) of the Pakistan Penal Code was upheld; however, his death sentence was converted to life imprisonment. The court found that the prosecution had proven its case beyond a reasonable doubt, highlighting the strong ocular evidence from eyewitnesses and corroborating medical testimony. The court noted that the incident occurred in broad daylight and was reported to the police shortly after, which negated any premeditated intent. The court also considered the absence of a specific motive and the acquittal of co-accused based on compromise, which justified the reduction of the sentence. The appeal was partly allowed, and the criminal petition against the acquittal of others was dismissed as barred by time. |
| Summary |
This case revolves around a criminal appeal and petition regarding a murder conviction under section 302(b) of the Pakistan Penal Code. The incident occurred at a bus stand in Hafizabad, where the deceased, Ejaz Ahmad, was shot. The court assessed the evidence presented, including eyewitness accounts and medical reports, affirming the prosecution's case against the appellant, Imtiaz alias Taji. The court acknowledged the significance of immediate reporting to police and consistent witness testimonies, which established a clear narrative of the events. Despite the conviction, the court noted the lack of a concrete motive and the acquittal of co-accused, leading to a reduction in the death sentence to life imprisonment. The ruling highlights critical aspects of criminal law, including the importance of reliable evidence and the principles guiding the determination of culpability in homicide cases. The decision reflects ongoing issues in Pakistan's legal system regarding the enforcement of justice and the complexities involved in murder trials. Key terms include 'murder conviction', 'homicide law', 'eyewitness testimony', and 'criminal appeal'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK,
SARDAR TARIQ MASOOD,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Ch. Abdul Ghaffar Bhuttoo,
Rai Zameer-ul-Hassan,
State counsel
|
| Petitioners |
Ch. Abdul Ghaffar Bhuttoo,
Rai Zameer-ul-Hassan
|
| Respondents |
Ch. Muhammad Mustafa
|
| Citations |
2020 SLD 378,
2020 SCMR 287
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
148,
149,
324,
302(b)
|