| Case ID |
00e70084-8cca-4367-8571-1ef42e842232 |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Nov 23, 1983 |
| Hearing Date |
Nov 23, 1983 |
| Decision |
The Supreme Court of Pakistan refused leave to appeal against the judgment of the Peshawar High Court, which had set aside the conviction of Ikramullah and converted Mukhtiar's death sentence into life imprisonment based on the analysis of evidence. The court found that the High Court's examination of the evidence was proper, and no significant legal questions were raised that warranted further review. The decision emphasized the importance of evidence appraisal in criminal cases, particularly in the context of sudden incidents without prior enmity. |
| Summary |
This case revolves around the murder of Muhammad Israr, where the accused Mukhtiar and Ikramullah were involved in a dispute over a mosque's demolition and reconstruction. The Supreme Court of Pakistan ultimately upheld the Peshawar High Court's decision, which had acquitted Ikramullah and reduced Mukhtiar's sentence from death to life imprisonment. The ruling highlighted the judicial approach to evidence assessment, emphasizing the necessity of establishing clear intent and culpability in murder cases. This case serves as a crucial reference for legal interpretations surrounding murder, evidence, and the application of the Penal Code, particularly Section 302. The decision showcases the legal principles governing appeals in criminal cases and the standards for evaluating evidence in the context of sudden altercations. Keywords: murder case, evidence analysis, legal principles, Supreme Court ruling, Peshawar High Court. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
S. A. NUSRAT,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Khawaja Muhammad Khan, Advocate Supreme Court,
Nur Ahmad Khan, Advocate-or-Record for Petitioners,
S. Safdar Hussain, Advocate-on-Record for Respondent,
M. Ajmal, Advocate Supreme Court for the State,
Mian Ziauddin, Advocate Supreme Court,
Qasim Imam, Advocate-on-Record for Petitioner
|
| Petitioners |
Mukhtiar,
Shah Kishwar
|
| Respondents |
another,
Ikramullah
|
| Citations |
1984 SLD 470,
1984 SCMR 304
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185(3),
S. 302
|