| Case ID |
0080cac5-c33f-4b4f-9664-163309906181 |
| Body |
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| Case Number |
Criminal Appeals Nos. 83 of 1970 and 59 of 1971 |
| Decision Date |
Jul 03, 1972 |
| Hearing Date |
Jun 02, 1972 |
| Decision |
The Supreme Court of Pakistan reviewed two criminal appeals involving the appellant Salehon and the convicted sons Muhammad, Bashir, and Ashraf. The court upheld the convictions of Muhammad, Bashir, and Ashraf, sentencing them to death for their roles in a murder case that resulted in six deaths. The court found sufficient corroboration of eyewitness accounts and recovery evidence against these appellants. However, the court found the evidence against Salehon insufficient, particularly noting the lack of motive and the absence of corroborative evidence to support the conviction. Consequently, Salehon's appeal was accepted, and his conviction was overturned, leading to his immediate release if not wanted in any other matter. |
| Summary |
This case concerns two criminal appeals heard by the Supreme Court of Pakistan, involving multiple defendants in a murder case under the Penal Code (XLV of 1860). The case highlighted the complexities of eyewitness testimony, recovery evidence, and the burden of proof in criminal proceedings. The court ultimately confirmed the death sentences for three of the accused based on strong corroborative evidence, while acquitting the fourth accused due to insufficient evidence and lack of motive. The decision underscores the importance of reliable evidence in securing convictions in serious criminal cases, and it clarifies the standards required when assessing the credibility of witnesses and the implications of recovery evidence. This case serves as a critical reference point in criminal law, particularly regarding the treatment of cases involving familial relationships and the nuances of motive in criminal liability. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD AHMED, JAN,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Manzur Qadir, Senior Advocate Supreme Court Instructed by Maqbool Ahmad Qadri, Advocate-on-Record for Appellants,
M. A. Bajwa, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for the State
|
| Petitioners |
MUHAMMAD KHAN AND 2 OTHER,
SALEHON
|
| Respondents |
The STATE
|
| Citations |
1977 SLD 215,
1977 SCMR 492
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302/34
|