| Case ID |
09b7c600-a6a5-41dc-90cf-8c309802d6a8 |
| Body |
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| Case Number |
Petition for Leave to Appeal No. 201 of 1987 |
| Decision Date |
Dec 24, 1987 |
| Hearing Date |
Nov 24, 1987 |
| Decision |
The petition for leave to appeal has been dismissed. The Supreme Court found no grounds for interference with the High Court's judgment. The petitioners were charged under section 302/34 of the Penal Code and were previously convicted. The evidence presented, including ocular testimony from three eyewitnesses and corroborating recovery evidence, was deemed sufficient to uphold the conviction. The court noted that the petitioners' claims regarding the unreliability of evidence did not raise any significant legal points for reconsideration, and therefore, the leave to appeal was refused. |
| Summary |
This case revolves around a murder conviction under the Penal Code (XLV of 1860), specifically section 302/34, concerning the murder of Jehangir on August 13, 1980. The Supreme Court of Pakistan, in its ruling on December 24, 1987, upheld the Lahore High Court's decision to maintain the conviction of the petitioners, Nazar, Ashiq, and Rab Nawaz. The court found the evidence, which included ocular testimony from three eyewitnesses and supporting medical evidence, compelling enough to confirm the conviction. The motive was linked to an illicit relationship involving the deceased and one of the petitioners, leading to the fatal attack. The court's decision highlights the importance of corroborative evidence in criminal cases and reiterates the standard for granting leave to appeal, which requires a substantial legal question or ground for reconsideration. The ruling serves as a significant reference point in Pakistani criminal law, emphasizing the weight of eyewitness accounts and the necessity for a strong motive in murder cases, while also illustrating the court's reluctance to interfere with lower court decisions absent compelling reasons. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain, Justice,
Javid Iqbal, Justice
|
| Lawyers |
Khan Khuda Dad Khan Burki, Advocate Supreme Court,
Sh. Masud Akhtar, Advocate-on-Record
|
| Petitioners |
Rab Nawaz,
Ashiq,
Nazar
|
| Respondents |
The State
|
| Citations |
1988 SLD 2972,
1988 SCMR 276
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302/34,
185(3)
|