| Case ID |
042c5ffe-7c2d-425a-8976-26ff6f13daac |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No, |
| Decision Date |
Jan 26, 1970 |
| Hearing Date |
Jan 26, 1970 |
| Decision |
The petitioner sought leave to appeal from the High Court's confirmation of the death sentence under section 302, PPC for the murder of Mirabat. The evidence from witnesses Muhammad Alim and Mad Gul indicated no motive to falsely implicate the petitioner. Their testimonies were corroborated by the dying declaration recorded by the village dispenser. The Supreme Court found no merit in the claims that the witnesses did not understand the language of the proceedings. The Court emphasized the legal validity of the sentence awarded and dismissed the petition, while noting that the Government might consider reducing the sentence due to procedural delays. |
| Summary |
In the case of SARBLAND KHAN vs THE STATE, the Supreme Court of Pakistan addressed the appeal for a death sentence under the Penal Code (XLV of 1860), specifically section 302. The case revolved around the murder of Mirabat, occurring on July 3, 1967. The Court examined the testimonies of key witnesses, noting their credibility and lack of motive for false implication. The petitioner's claims regarding language barriers and influence from others were found unsubstantiated. The Supreme Court ultimately upheld the lower court's decision, stressing the importance of adhering to legal standards and the integrity of witness testimonies. The decision highlighted the necessity for justice in cases of severe penalties, while also acknowledging potential considerations for sentence reduction based on case delays. This case underscores the complexities involved in criminal appeals and the rigorous scrutiny applied by higher courts in evaluating lower court decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
WAHIDUDDIN AHMAD
|
| Lawyers |
S. M. Anwar,
Masood Akhtar
|
| Petitioners |
SARBLAND KHAN
|
| Respondents |
THE STATE
|
| Citations |
1970 SLD 115,
1970 SCMR 329
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|