Legal Case Summary

Case Details
Case ID 1645d72b-0af4-4006-b1fe-7a4164eeda4c
Body View case body.
Case Number Criminal Petitions for Leave to Appeals 10/R and 1
Decision Date Jan 26, 1986
Hearing Date Jan 26, 1986
Decision The Supreme Court of Pakistan granted leave to appeal in both petitions for reappraisal of the entire evidence. The court found substance in the arguments presented by the petitioner's counsel, indicating that the acquittal by the Peshawar High Court was not consistent with the principles governing the safe administration of criminal justice. The court noted that the trial court had firmly believed the eye-witnesses and that the High Court's judgment was based on minor contradictions and conjectures rather than solid evidence. The court emphasized the importance of thoroughly examining the medical evidence and witness testimonies, particularly regarding the injuries sustained by the witnesses in the same incident that led to the death of the victim, Amir Khan. Thus, both petitions were accepted for a comprehensive review of the evidence.
Summary This case involves the Supreme Court of Pakistan's decision on two criminal petitions for leave to appeal regarding a murder conviction. The case stems from the murder of Amir Khan and an attempted murder of Lai Khan. The accused, Daud Khan and Arshad Khan, were initially convicted in a lower court but later acquitted by the Peshawar High Court. The Supreme Court's decision emphasized the importance of reliable evidence and the credibility of eyewitnesses in criminal cases, particularly in matters of life and death. The court found that the previous acquittal lacked a solid basis in evidence and was based on conjecture rather than factual analysis. This ruling underscores the judicial system's commitment to ensuring that justice is served based on a thorough and fair evaluation of all available evidence, adhering to the principles of safe administration of criminal justice.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges NASIM HASAN SHAH, SHAFIUR RAHMAN, MIAN BURHANUDDIN KHAN
Lawyers Zafar Mahmood, Ch. Akhtar Ali, K.G. Sabir, Mian Shakirullah Jan
Petitioners MUHAMMAD NAWAZ
Respondents DAUD KHAN, Arshad Khan
Citations 1986 SLD 584, 1986 SCMR 710
Other Citations Not available
Laws Involved Constitution of Pakistan (1973), Penal Code (XLV of 1860)
Sections 302, 307, 34