| Case ID |
0abd592c-1b37-4819-88f7-7cd67da262e0 |
| Body |
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| Case Number |
Petition Nos. 128 and 131 of 1983 |
| Decision Date |
Apr 20, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed both petitions, affirming the lower court's decisions. The petitioner, Muhammad Nawaz, was convicted of murder and sentenced to death, with the court relying on consistent ocular testimony from three eyewitnesses and corroborating recovery evidence. The court found that the acquittal of co-accused was justified due to lack of corroboration and inconsistencies in the witness statements. The ruling emphasized that the evidence against the petitioner was strong, as the gun recovered matched the crime scene evidence, and there was no case for interference in the acquittal of the co-accused. |
| Summary |
The case revolves around a murder conviction where the petitioner, Muhammad Nawaz, was sentenced to death for the murder of Muhammad Khan. The incident occurred in 1979, and the prosecution presented three eyewitnesses who provided consistent testimony. The Supreme Court upheld the conviction, emphasizing the reliability of the eyewitness accounts and the corroborating evidence from the crime scene. The court dismissed the petition against the acquittal of co-accused due to inconsistencies in witness statements. This case highlights the importance of corroborating eyewitness testimony in criminal cases, particularly in murder convictions. The ruling serves as a precedent for future cases involving similar circumstances, reinforcing the need for thorough evidence collection and witness reliability assessment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Khan (deceased),
Khanjar Khan (P.W.)
|
| Judges |
NASIM HASAN SHAH,
JAVID IQBAL,
SAAD SAOOD JAN
|
| Lawyers |
M.B. Zaman,
M.A. Qadri,
Ijaz Hussain Batalvi,
M.A. Zafar,
Muhammad Aslam Choudhry,
S. Abid Nawaz
|
| Petitioners |
Muhammad Nawaz
|
| Respondents |
Abdullah,
Muhammad Iqbal,
Dost Muhammad,
Ghaus Muhammad,
Zamir Hussain,
Feroz,
Hayat
|
| Citations |
1987 SLD 478 = 1987 SCMR 1330
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
307,
148,
149,
185(3)
|