Legal Case Summary

Case Details
Case ID 105951bd-30b1-4b12-9f5c-6c994d692591
Body View case body.
Case Number Criminal Appeal No. 27 of 1972
Decision Date Mar 16, 1976
Hearing Date Mar 12, 1976
Decision The Supreme Court of Pakistan, in a consolidated judgment regarding Criminal Appeals Nos. 27, 28, 29, and 30 of 1972, upheld the conviction of the accused for the murder of Tariq Javed. The court noted the evidence provided by multiple eyewitnesses and the corroborating medical evidence, establishing the guilt of the accused. The court expressed concern over the tendency of trial courts to hesitate in awarding the death penalty, emphasizing the importance of deterrent punishment for heinous crimes. The court found that while the High Court had commuted the death sentences of two accused due to their age and perceived lesser roles, the trial court's original sentences were justified given the circumstances of the crime. Ultimately, the appeals were dismissed, and the sentences were upheld.
Summary The case revolves around the brutal murder of Tariq Javed on January 6, 1967, in Lahore. The Supreme Court of Pakistan reviewed multiple appeals concerning the convictions of several accused, including Muhammad Javed alias Jeda Tedi and others. The court scrutinized the evidentiary basis for the convictions, particularly focusing on eyewitness accounts and medical evidence that corroborated the timeline and circumstances surrounding the murder. The decision highlighted the serious implications of the trial courts' reluctance to impose the death penalty, especially in premeditated murder cases. The court reaffirmed the necessity of imposing the normal penalty of death in such cases to deter future crimes and maintain justice. This case serves as a critical reference point for understanding the application of law in murder cases and the judicial system's approach to ensuring justice is served while balancing the sanctity of human life.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges MUHAMMAD YAQUB ALI, C.J., SALAHUDDIN AHMED, MUHAMMAD AFZAL CHEEMA, J.
Lawyers Abdul Karim, Advocate-on-Record, Muhammad Bilal, Advocate, Pervez Akhtar, Advocate, Rana Maqbool Ahmad Qadri, Advocate-on-Record, Muhammad Hanif Bhatti, Advocate, Ejaz Ali, Advocate-on-Record
Petitioners MUHAMMAD SHARIF, MUHAMMAD RAFIQ, MUHAMMAD LATIF, NISAR AHMAD
Respondents THE STATE, MUHAMMAD JAVED alias JEDA TEDI
Citations 1976 SLD 157, 1976 PLD 452
Other Citations Begu v. The State P L D 1972 S C 77, Gurdev Singh and others v. Emperor A I R 1948 Lah: 58, Khairdi Khan and others v. Crown P L D 1951 Lab. 322, Shaheb Ali v. State P L D 1970 S C 447, Asadullah Khan v. Muhammad Ali P L D 1971 S C 541, Mst. Razia Begum v. Hijrayat Ali and 3 others P L D 1976 S C 44
Laws Involved Penal Code (XLV of 1860)
Sections 302, 34, 149