Legal Case Summary

Case Details
Case ID 1085cfaf-10e7-49d5-a299-a781851ae612
Body View case body.
Case Number Criminal Appeal No. 2-P of 1970
Decision Date Jul 09, 1971
Hearing Date Apr 09, 1971
Decision The Supreme Court of Pakistan reversed the acquittal of the accused by the High Court and restored the convictions and sentences passed by the Additional Sessions Judge, Mardan. The court found that the report made by Dilawar Khan was an important piece of corroborative evidence that had been wrongly excluded by the lower courts. The Supreme Court emphasized that the evidence provided by the eyewitnesses, along with the incriminating recoveries, supported the prosecution's case against the accused. Consequently, the court ruled that the respondents were guilty of the offences under sections 148 and 302 read with section 149 of the Penal Code and ordered them to undergo the remaining portions of their sentences.
Summary This case revolves around a murder incident involving Aman Shah, who was killed by a group of individuals including Ayub and others on August 2, 1964. The Supreme Court examined the admissibility of evidence, particularly a report filed by one of the accused, Dilawar Khan, which was made prior to the official First Information Report (FIR). The court highlighted that the report was exculpatory and did not constitute a confession under the Evidence Act. The court criticized the lower courts for disregarding this crucial evidence. The ruling underscores the importance of proper evidence evaluation and the role of corroborative testimonies in criminal cases. The decision reinstated the original convictions, emphasizing a thorough analysis of witness credibility and evidence admissibility in murder cases.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges MUHAMMAD YAQUB ALI, SAJJAD AHMAD, SALAHUDDIN AHMED
Lawyers Mian M. Yunus Shah, Qasim Imam, S. Masoom Shah, Muhammad Nazar Khan, Fakhre Alam, S. Usman Ali Shah
Petitioners SULEMAN SHAH
Respondents Dilawar Khan, AYUB, Mughal Shah, Himat Khan, Qasam Khan
Citations 1971 SLD 107, 1971 PLD 751
Other Citations Shahamad v. The State P L D 1956 S C (Pak.) 238, Pakala Narayana Swami v. Emperor A I R 1939 P C 47, Emperor v. Khawaja Nazir Ahmad 711 A 203, Ali Zaman v. The State P L D 1963 S C 152, Ghulam Hussain v. The King P L D 1949 P C 326
Laws Involved Penal Code (XLV of 1860), Evidence Act (I of 1872), Criminal Procedure Code (V of 1898)
Sections 302, 25, 162