| Case ID |
091bcb91-4c98-42e4-a70a-56aa04817e10 |
| Body |
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| Case Number |
Criminal Petitions for Special Leave to Appeal Nos |
| Decision Date |
Jun 11, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the conviction of Mian Khan and Liaquat Ali under section 302/34 of the Pakistan Penal Code, affirming the death penalty imposed by the trial court. The court found that the evidence presented, including eyewitness accounts and medical evidence, corroborated the charges against the appellants. The court noted that Ghulam Hussain, who was acquitted, had not been armed and did not play an active role in the crime. The court emphasized the importance of the First Information Report and the medical evidence in establishing the case against the convicted appellants. The court dismissed the petitions for special leave to appeal, confirming the High Court's findings that the prosecution case was fully established. |
| Summary |
This case concerns the conviction of Mian Khan and Liaquat Ali for the murder of Sarwar, based on compelling evidence including eyewitness testimonies and the recovery of firearms used in the commission of the crime. The incident occurred in broad daylight, and the FIR detailed the sequence of events and the involvement of the accused. The case highlights the standards of evidence required in murder cases, particularly in relation to the use of firearms and the necessity of corroborative evidence. The acquittal of Ghulam Hussain, who was found to be unarmed, was based on the lack of evidence linking him to the murder beyond a mere call to action. The court's decision reaffirms the importance of thorough investigation and the weight of eyewitness accounts in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
MUSHTAQ HUSSAIN,
SHAFI-UR-REHMAN
|
| Lawyers |
Khalid M. Ishaq, Advocate Supreme Court,
Q. M. Saleem, Advocate Supreme Court,
S. Wajid Hussain, Advocate-on-Record
|
| Petitioners |
LIAQUAT ALI
|
| Respondents |
THE STATE
|
| Citations |
1981 SLD 607,
1981 SCMR 1130
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Arms Ordinance, 1965
|
| Sections |
302,
154,
13
|