| Case ID |
ffcd295f-024e-40c6-9e65-563c12c5692c |
| Body |
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| Case Number |
Criminal Appeal No. 1981 of 2005 and Murder Refere |
| Decision Date |
Jan 27, 2011 |
| Hearing Date |
Jan 26, 2011 |
| Decision |
The Lahore High Court altered the death sentence of Usman alias Kaloo to life imprisonment. The decision was based on several mitigating circumstances, including the lack of explanation for additional injuries on the deceased and the absence of forensic evidence linking the weapon to the crime. The court maintained the conviction under section 302(b) of the Penal Code but extended the benefit of doubt regarding the sentence. Compensation and sentence in default thereof remained intact, and the murder reference for death sentence confirmation was answered in the negative, not confirming the death sentence. |
| Summary |
This case, heard by the Lahore High Court, involved the appeal of Usman alias Kaloo, who was initially sentenced to death for the murder of Noor Ahmad. The case revolved around the application of section 302(b) of the Penal Code (Qatl-e-amd). The court considered various aspects of the evidence, including the prompt filing of the FIR, the consistency of eyewitness testimonies, and the lack of forensic evidence. The judges noted several mitigating factors, such as the absence of an explanation for additional injuries on the deceased's body and the failure to recover forensic evidence linking the weapon to the crime. Consequently, the court altered the death sentence to life imprisonment, maintaining the conviction but extending the benefit of doubt regarding the sentence. This decision underscores the importance of comprehensive evidence evaluation in criminal cases and highlights the role of mitigating circumstances in determining sentencing outcomes. |
| Court |
Lahore High Court
|
| Entities Involved |
State,
Noor Ahmad,
Zahoor Ahmad,
Manzoor Ahmad,
Ghulam Farid,
Usman alias Kaloo,
Nazar Hussain S.I.
|
| Judges |
Manzoor Ahmad Malik,
Muhammad Anwaarul Haq
|
| Lawyers |
Abdul Hameed Rana,
Ijaz Ahmad Bajwa,
Chaudhry Muhammad Mustafa,
Nazir Ahmad Shami
|
| Petitioners |
USMAN alias KALOO and another
|
| Respondents |
THE STATE and another
|
| Citations |
2011 SLD 6514,
2011 PCRLJ 815
|
| Other Citations |
Muhammad Sharif v. Muhammad Javed alias Jeda Tedi and 5 others PLD 1976 SC 452,
Bagu v. State PLD 1972 SC 77,
Haji v. The State 2010 SCMR 650,
Khalid Saif Ullah v. The State 2008 SCMR 688,
Mir Muhammad alias Miro v. The State 2009 SCMR 1188,
Ansar Ahmad Khan Barki v. The State and another 1993 SCMR 1660
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|