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Official Citation: 2024 SCMR 1419
Court / Jurisdiction: Supreme Court of Pakistan
Year of Decision: 2024
Decision Date: 2024-04-19
Parties: Kamran vs The State through A.G. Khyber Pakhtunkhwa and others
Ruling Summary: This decision was rendered by the Supreme Court of Pakistan on 2024-04-19, officially reported as 2024 SCMR 1419. In this matter between Kamran and The State through A.G. Khyber Pakhtunkhwa and others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
In view of what has been discussed above, the appeal of the appellant stands dismissed by maintaining his conviction in offence under Section 302(b) PPC, however his sentence of capital punishment is converted into one of imprisonment for life. The amount of compensation and sentence in lieu thereof as well as his conviction and sentence U/S 458 PPC shall remain intact.
Court Name: Supreme Court of Pakistan Judge(s): Musarrat Hilali, Naeem Akhtar Afghan, Syed Hasan Azhar Rizvi Title: Kamran vs The State through A.G. Khyber Pakhtunkhwa and others Case No.: Criminal Petition for Leave to Appeal No. 199 of 2024 Date of Judgment:2024-04-19 Reported As: 2024 SCMR 1419 Result: Bail refused
Judgment
ORDER M USARRAT HILALI, J. The petitioner's post arrest bail was dismissed by the Peshawar High Court vide impugned order dated 19.02.2024 in case FIR No.1894 dated 27.10.2023 registered under 392, P.P.C. at Police Station City Mardan. 2. In the FIR, allegation against the petitioner is that he on the day of occurrence i.e. 27.01.2023 inflicted chhuri/dagger blows at the abdomen of the deceased/complainant namely Syed Nawazish Ali Shah, which proved fatal and the complainant succumbed to injuries on the following day. 3. Heard. Record perused. 4. From perusal of record, it transpired that through a supplementary statement of the deceased/complainant, which was recorded by the police on the day of occurrence while the complainant was admitted in the hospital, wherein he nominated the present petitioner to be the unknown culprit who committed the offence. Imtiaz Hussain Shah, father of the deceased/complainant and Anwar Bacha, PWs after having seen the CCTV video of the occurrence showing Kamran stabbing' the deceased/complainant, charged the petitioner Kamran for murder of the deceased/complainant in their statements recorded under section 164, Cr.P.C. In the forensic video analysis made by the Punjab Forensic Science Agency of the CCTV video of the occurrence, no editing features were observed, hence the question of false implication does not arise in the instant matter. The cause of death, as recorded in the Post-Mortem Report, was the injuries to liver and major vessel of the abdomen. The recovered chhuri/dagger, as per FSL report, was found to be stained with the human blood. In this way, the medical evidence and the recovery
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of crime weapon fully support the prosecution case by connecting the petitioner with the commission of crime, which entails capital punishment and falls within the prohibitory clause of section 497, Cr.P.C. Mere fact that the petitioner was a juvenile does not entitle him to the concession of bail as he was charged for a heinous offence, the punishment for which is death or imprisonment for life or imprisonment for more than seven years. 5. Hence, for foregoing reasons, the petitioner is not entitled to the concession of bail. The bail application is, therefore, dismissed and leave declined. 6. Above are the reasons of our short order of even date.