| Case ID |
05425a01-3f68-4459-be70-96a1d87ad5a1 |
| Body |
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| Case Number |
1983 Criminal Appeals Nos. 57 and 58 of 1978 |
| Decision Date |
Nov 27, 1983 |
| Hearing Date |
Nov 27, 1983 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals of the appellants Muhammad Sadiq and Muhammad Ashraf, confirming their convictions for murder and attempt to murder under the relevant sections of the Penal Code. The court upheld the findings of the lower courts, emphasizing the reliability of eyewitness testimonies and the recovery of incriminating evidence. The court also addressed the defense's claims regarding the recording of the FIR and the presence of witnesses, ultimately finding no merit in the arguments presented. The conviction and sentences were maintained, with one co-accused being acquitted due to lack of evidence against him. |
| Summary |
This case revolves around the brutal murder of Muhammad Siddiq and the subsequent appeals by the convicted appellants Muhammad Sadiq and Muhammad Ashraf. The Supreme Court of Pakistan evaluated the evidence presented, including eyewitness accounts and the recovery of blood-stained clothing and weapons from the accused. The court highlighted the importance of corroborative evidence and the credibility of witnesses, ultimately affirming the convictions based on the established facts of the case. The decision underscores the legal principles surrounding murder, unlawful assembly, and the criteria for evaluating witness reliability. The ruling serves as a significant reference in criminal law, particularly in cases involving multiple defendants and the complexities of eyewitness testimony. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Muhammad Afzal Zullah,
S. A. Nusrat,
M. S. H. Quraishi
|
| Lawyers |
Mujibur Rehman, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellants (Criminal Appeal No. 57 of 1978),
Ghulam Dastgir, Advocate Supreme Court for the State
|
| Petitioners |
Muhammad Ashraf,
Ghulam Hussain,
Muhammad Sadiq,
Mushtaq Hussain,
Muhammad Razaaq,
Baqar Hussain
|
| Respondents |
The State
|
| Citations |
1984 SLD 527,
1984 SCMR 465
|
| Other Citations |
Bagu v. State P L D 1972 S C 77,
Muhammad Sharif v. Muhammad Javed P L D 1976 S C 452,
Zulfikar Ali Bhutto v. The State P L D 1979 S C 53,
Zarid Khan v. Gulsher 1972 SCMR 597
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185 (3),
S. 302,
S. 149,
S. 307,
S. 148
|