| Case ID |
09885a11-f57f-488e-9ea0-26951fc75a75 |
| Body |
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| Case Number |
Criminal Appeal No. 580 of 1982 |
| Decision Date |
Jun 12, 1983 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the conviction of Ghulam Shabbir under section 302 of the Penal Code for the murder of Sher Baz. The court found that the dying declaration of the deceased was genuine and corroborated by ocular testimony from two eyewitnesses. The court ruled that despite the longstanding enmity between the parties, the evidence was sufficient to support the prosecution's case. The appeal for enhancement of sentence to death was dismissed, and the trial court's sentence of life imprisonment and fine was maintained, considering the appellant's medical condition and the circumstances of the case. |
| Summary |
In the case of Ghulam Shabbir v. The State, the Lahore High Court addressed critical issues surrounding the admissibility and reliability of dying declarations in murder cases. The court emphasized that such declarations can stand as valid evidence if corroborated by eyewitness accounts and circumstantial evidence. The case arose from an incident where the deceased, Sher Baz, was shot near a bus stand. Despite claims of bias from the defense, the court found the testimonies credible and upheld the conviction under section 302 of the Penal Code. This case highlights the significance of forensic evidence and the nuances involved in evaluating eyewitness reliability, especially in the context of longstanding personal enmities. Legal professionals must be vigilant in how such evidence is presented and scrutinized in court. Keywords: dying declaration, eyewitness testimony, murder conviction, Lahore High Court, section 302, Penal Code, forensic evidence, legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
JAVID IQBAL, C.J.
|
| Lawyers |
M. B. Zaman,
Kh. Shaukat Ali,
Ijaz Hussain Batalvi,
M. A. Zafar
|
| Petitioners |
GHULAM SHABBIR
|
| Respondents |
THE STATE
|
| Citations |
1983 SLD 586,
1983 PLD 649
|
| Other Citations |
Zarif Khan v. The State P L D 1977 S C 612,
Muhammad Yasin v. The State 1978 S C M R 303
|
| Laws Involved |
Evidence Act (I of 1872),
Penal Code (XLV of 1860)
|
| Sections |
8,
32,
302
|