| Case ID |
000ac4c4-f107-4ead-8be4-ddbd33f8d6fa |
| Body |
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| Case Number |
Criminal Appeal No. 25 of 1954 |
| Decision Date |
Oct 28, 1954 |
| Hearing Date |
Oct 14, 1954 |
| Decision |
The appeal was brought before the Supreme Court after Shah Nawaz and Khan Zaman were convicted of murder, with Shah Nawaz sentenced to death. The High Court's decision to remand the case back for retrial was upheld, but the Court clarified that the accused could not claim the right to produce fresh defense evidence unless new material was presented by the prosecution. The Court found that the original trial's irregularities did not warrant a full retrial with new evidence, thereby dismissing the appeal. The judgment concluded that the actions of Shah Nawaz did not qualify for a defense based on provocation, as he admitted to firing shots that caused fatalities, thus failing to overturn the convictions. |
| Summary |
In the Supreme Court of Pakistan case of Shah Nawaz vs The Crown, the appellants challenged their convictions for murder, with Shah Nawaz sentenced to death. The appeal focused on procedural irregularities during the trial and the High Court's decision to remand the case for retrial. The Supreme Court emphasized that the accused's right to produce defense evidence is limited unless the prosecution presents new material. The judgment highlighted the importance of following proper legal procedures, particularly regarding the assessors' roles in the trial. Ultimately, the Court dismissed the appeal, reinforcing the convictions based on evidence presented during the original trial. This case underscores the significance of maintaining procedural integrity in criminal cases and the limitations on defendants' rights during retrials. Key terms include criminal appeal, retrial, procedural irregularity, and legal rights of defendants. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. S. M. Akram,
M. Shahabuddin,
A. R. Cornelius
|
| Lawyers |
Muhammad Shafi,
A. R. Changez,
S A. Mahmud
|
| Petitioners |
Shah Nawaz
|
| Respondents |
The Crown
|
| Citations |
1969 SLD 192,
1969 SCMR 471
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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