| Case ID |
1085cfaf-10e7-49d5-a299-a781851ae612 |
| Body |
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| 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
|