| Case ID |
ecc554f5-9477-4e64-bec9-479db506f24f |
| Body |
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| Case Number |
Criminal Appeals Nos. 62 and 65 of 2009 |
| Decision Date |
Jun 14, 2012 |
| Hearing Date |
Mar 21, 2012 |
| Decision |
The Supreme Court upheld the conviction of Ghazanfar alias Kala under sections 302(b) and 13 of the Arms Act, sentencing him to life imprisonment and compensation of Rs. 200,000 to the heirs of the deceased Muhammad Asif. The court found the evidence presented by the prosecution, including eyewitness testimony and ballistic reports, to be credible despite the defense's arguments regarding witness credibility and contradictions in the evidence. The court acknowledged the presence of enmity between the parties but deemed the evidence sufficient to support the conviction, while the acquittal of other co-accused was maintained due to lack of evidence against them. |
| Summary |
In the case of Ghulam Hussain vs. Ghazanfar alias Kala, the Supreme Court of Azad Jammu and Kashmir addressed serious charges involving murder and firearms. The court examined the evidence carefully, considering the relationships and potential biases of witnesses who were closely related to the victim. The court upheld the conviction of Ghazanfar alias Kala based on strong corroborative evidence, including eyewitness accounts and forensic reports. This case highlights the complexities of criminal law, particularly in cases involving familial disputes and the necessity for corroboration when dealing with testimonies from interested parties. The decision reinforces the principle that while witnesses may have biases, their testimony can still be credible if supported by tangible evidence. Overall, this ruling serves as a significant reference for future cases concerning the credibility of witness testimony in criminal proceedings, especially in contexts marked by personal enmity and previous disputes. Key trends in legal practice, such as the importance of corroborative evidence and the handling of testimonies from related witnesses, are central themes in this judgment. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AZAM KHAN, C.J.,
CH. MUHAMMAD IBRAHIM ZIA, J
|
| Lawyers |
Sardar Abdul Hameed Khan,
Muzaffar Ali Zaffar,
Abdul Majeed Mallick
|
| Petitioners |
GHULAM HUSSAIN
|
| Respondents |
GHAZANFAR alias KALA
|
| Citations |
2013 SLD 2539,
2013 YLR 1020
|
| Other Citations |
2007 PCr.LJ 1757,
1995 SCR 344,
2001 PCr.LJ 524,
PLD 2007 SC (AJK) 27
|
| Laws Involved |
Penal Code (XLV of 1860),
Pakistan Arms Ordinance (XX of 1965),
Criminal Procedure Code (V of 1898),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
302(b),
306,
308,
13,
417(2-A),
42
|