| Case ID |
0ad44c6d-7cf9-4cbe-b310-eafb25621b64 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.69-R and |
| Decision Date |
Jun 04, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused leave to appeal in the case concerning the conviction of Sabir Hussain for the murder of his wife, Mst. Azra Begum. The Court upheld the findings of the lower courts regarding the dying declaration of the deceased, which was deemed credible based on medical evidence. The defense's claim of suicide was rejected due to lack of evidence and plausible reasoning. The acquittal of the co-accused was also upheld as no substantial grounds for interference were found. The decision emphasized the appreciation of evidence by the lower courts and the sufficiency of the dying declaration. |
| Summary |
This case revolves around the conviction of Sabir Hussain for the murder of his wife, Mst. Azra Begum, under the Penal Code. The Supreme Court of Pakistan examined the validity of the dying declaration made by the deceased, which was crucial in establishing guilt. Despite the defense's argument that the declaration was unreliable due to the extent of burns on Mst. Azra Begum, the Court upheld the conclusions of the lower courts based on medical evidence indicating that she retained consciousness long enough to provide her statement. The Court found no merit in the defense's claims, including the assertion that the deceased committed suicide. The decision reflects the importance of credible witness testimony and the judicial system's role in evaluating evidence. This case highlights critical aspects of criminal law, particularly concerning dying declarations, evidentiary standards, and the appellate process in Pakistan. Keywords: Supreme Court, Penal Code, dying declaration, criminal law, judicial review. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Khadim Hussain,
Muhammad Din,
Sabir Hussain,
Mst. PERVAIZ AKHTAR,
Mst. Azra Begum
|
| Judges |
NAIMUDDIN,
ABDUL QADEER CHAUDHRY,
AJMAL MIAN
|
| Lawyers |
Mr. Nasir Saeed Sheikh,
Mr. Muhammad Ilyas Siddiqi
|
| Petitioners |
Mst. PERVAIZ AKHTAR
|
| Respondents |
THE STATE,
Khadim Hussain,
Sabir Hussain,
Muhammad Din
|
| Citations |
1991 SLD 802,
1991 SCMR 155
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
34,
185(3)
|