| Case ID |
162f14e0-3bc6-4d30-9804-29f12d487f2d |
| Body |
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| Case Number |
Criminal Appeal No. 31 of 1972 |
| Decision Date |
Apr 02, 1975 |
| Hearing Date |
Dec 09, 1974 |
| Decision |
The Supreme Court restored the conviction of the two respondents for the murder of two public figures, emphasizing the importance of motive and the reliability of eyewitness testimony. The Court found that the High Court's acquittal was based on speculative grounds and misreading of evidence. The Court reaffirmed that judicial confessions, even when retracted, can sustain a conviction if found to be voluntary and true. The judgment also highlighted the necessity for clear and convincing evidence in murder cases, particularly in the context of the increasing danger to human life and liberty in society. Ultimately, the death sentence was restored due to the severity of the crime and the established guilt of the respondents. |
| Summary |
This case involves the Supreme Court of Pakistan's decision in a criminal appeal regarding the murder of two prominent individuals. The case emphasizes the critical role of eyewitness testimony, evidence of motive, and the implications of judicial confessions. The Court scrutinized the evidence presented, including the promptness of the FIR, the credibility of witnesses, and the procedural integrity of the confession process. The ruling underscores the legal standards for evaluating evidence in murder cases and the importance of ensuring justice is manifestly seen to be done. The restoration of the death sentence reflects the Court's stance on the gravity of the offenses and the societal implications of such crimes. This case is significant for its legal precedents regarding evidence and the treatment of confessions under Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ,
MUHAMMAD GUL,
MUHAMMAD AFZAL CHEEMA
|
| Lawyers |
Ijaz Hussain Batala, Advocate Supreme Court instructed by M. A. Rehman, Advocate-on-Record for Appellant.,
Muhammad Hayat Junejo, Advocate Supreme Court instructed by A. Aziz M. Dastgir, Advocate-on-Record for Respondents Nos. 1 and 2.,
Usman-e-Ghani, Assistant Advocate-General (Sind) for the State.
|
| Petitioners |
ABDUR RASHID
|
| Respondents |
UMID ALI,
WAZIR
|
| Citations |
1975 SLD 364,
1975 PLD 227
|
| Other Citations |
Jahan Khan v. State P L D 1959 S C (Pak.) 488,
Niaz v. State P L D 1960 S C 387,
Nazir and others v. State P L D 1962 S C 269,
Muhammad Ismail v. Khushi Muhammad and 7 others P L D 1974 S C 37,
Siraj Din v. Kala P L D 1964 S C 26,
Bashir Ahmad v. Muhammad Azam and 3 others P L D 1969 S C 469,
The State v. Rab Nawaz and another P L D 1974 S C 87,
Abdus Sattar v. Muhammad Anwar and 6 others P L D 1974 S C 266,
Asadullah v. Muhammad Ali and 5 others P L D 1971 S C 541,
Mst. Nuran v. Nura and another P L D 1975 S C 174
|
| Laws Involved |
Evidence Act (I of 1872),
Penal Code (XLV of 1860)
|
| Sections |
21,
24,
302
|