| Case ID |
0a041c13-25e6-4253-9b18-2eaa88c37ba8 |
| Body |
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| Case Number |
Criminal Petition No. 371 of 1979 |
| Decision Date |
Oct 25, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Waryam seeking leave to appeal against the Lahore High Court's order which had set aside the conviction and life sentence of Muhammad Akbar, Zulfiqar, and Ilyas for the murder of Ghulam. The High Court acquitted Zulfiqar and Ilyas while convicting Muhammad Akbar under section 304 of the Pakistan Penal Code, sentencing him to three years of rigorous imprisonment and a fine. The Supreme Court upheld the High Court's findings, stating that the evidence suggested the deceased had gone to the kotha of Muhammad Akbar's sister out of his own volition, and therefore, the conviction was appropriately modified based on the circumstances of the case. |
| Summary |
This case revolves around a murder trial where the petitioner, Waryam, sought justice for the murder of his brother Ghulam. The Supreme Court reviewed the decision of the Lahore High Court which had reversed the earlier conviction of the respondents. The case highlights significant legal principles regarding murder under grave and sudden provocation, as outlined in sections 304 and 300 of the Penal Code. The Court examined the circumstances leading to the murder, including the claim of illicit relations between the deceased and the sister of one of the accused. The ruling emphasized the importance of credible eyewitness accounts and the burden of proof in criminal cases. Ultimately, the Court's decision to uphold the acquittals and modify the conviction underscores the complexities involved in cases of homicide where motivations and circumstances are pivotal. This case serves as a crucial reference for legal precedents concerning murder and provocation in Pakistan's legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
ASLAM RIAZ HUSSAIN,
SHAFI-UR-RAHMAN, JJ
|
| Lawyers |
Jari Ullah Khan, Advocate,
Abdul Karim, Advocate-on-Record,
Major Nazar Mahmud, Advocate,
Ijaz Ali, Advocate-on-Record
|
| Petitioners |
Waryam
|
| Respondents |
Zulfiqar,
MUHAMMAD AKBAR,
Ilyas
|
| Citations |
1981 SLD 240,
1981 SCMR 296
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
304,
300
|