| Case ID |
ffd9811b-dc38-4ef7-ab4d-e960bb823dbe |
| Body |
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| Case Number |
Criminal Appeal No. 68-M of 2022 |
| Decision Date |
Jul 03, 2023 |
| Hearing Date |
Jun 20, 2023 |
| Decision |
The appeal against the conviction of Pervaiz Khan was dismissed. The court found that the prosecution had successfully proved its case beyond a reasonable doubt through reliable eyewitness accounts and corroborating evidence. The appellant was convicted under Section 302(b) of the Penal Code and sentenced to life imprisonment as Ta'zir with a compensation of Rs. 500,000 payable to the legal heirs of the deceased. The court upheld the conviction and sentence passed by the trial court and dismissed the appeal. |
| Summary |
In the case heard by the Peshawar High Court, Mingora Bench, Pervaiz Khan was the appellant, challenging his conviction for the murder of Muhammad Zafar Khan. This criminal appeal focused on Sections 302(b) and 34 of the Penal Code, related to murder with common intention. The court examined evidence provided by eyewitnesses, including the complainant Rehmat Khan, who was the son of the deceased. The incident was reported promptly, and the prosecution presented a strong case with corroborating evidence such as eyewitness testimonies, forensic reports, and the recovery of relevant materials from the crime scene. Despite the defense's efforts to highlight discrepancies in witness testimonies, the court found these to be minor and not affecting the overall credibility of the evidence. The court also considered the appellant's absconsion as further corroborating evidence of guilt. Ultimately, the court upheld the trial court's conviction and dismissed the appeal, affirming the appellant's life sentence and compensation requirement. This decision emphasizes the importance of prompt reporting and consistent witness accounts in criminal proceedings, highlighting the court's reliance on both direct and circumstantial evidence to reach a verdict. |
| Court |
Peshawar High Court
|
| Entities Involved |
Yousaf,
Mushtaq,
Muhammad Zafar Khan,
Amir Baz Khan,
Mst. Fauzia Bibi
|
| Judges |
Muhammad Naeem Anwar,
Shahid Khan
|
| Lawyers |
Syed Abdul Haq, Advocate Supreme Court for the Appellant,
Syed Sultanat Khan, Asst: A.G, for the State
|
| Petitioners |
Pervaiz Khan
|
| Respondents |
The State,
Rehmat Khan
|
| Citations |
2024 SLD 3291,
2024 PCRLJ 1118
|
| Other Citations |
Khadim Hussain v. The State PLD 2010 SC 669,
Muhammad Ilyas v. The State 2011 SCMR 460,
Zulfiqar Ahmad v. The State 2011 SCMR 492,
Muhammad Waris v. The State 2008 SCMR 784,
Mawas Khan v. The State and another PLD 2004 SC 330,
PLD 1978 Supreme Court 103,
2001 SCMR 177
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
34
|