| Case ID |
1729273d-e22a-41ba-9834-e06e92a388e1 |
| Body |
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| Case Number |
Criminal Appeal No. 2-P of 1973 |
| Decision Date |
Dec 03, 1973 |
| Hearing Date |
|
| Decision |
This appeal arose from a judgment of a Division Bench of the Peshawar High Court which upheld the convictions of the appellants but reduced their sentences from death to transportation for life. The Supreme Court confirmed the High Court's findings, stating that the evidence presented by the two sons of the deceased was credible and there was no justification for a lesser sentence. The court emphasized that the murder was cold-blooded, committed with the intention to kill, and that the appellants acted in concert during the commission of the crime. Hence, the death sentences were upheld despite the expectation of life for over two years, which could be considered for commutation by the authorities. |
| Summary |
In the case of Ayub Khan and Others vs. The State, the Supreme Court of Pakistan dealt with a brutal murder involving the appellants who were convicted under Section 302 of the Penal Code. The incident occurred over a dispute regarding water diversion, leading to a confrontation where the deceased, Umar Khan, was fatally shot by the appellants. The court meticulously analyzed the evidence, particularly focusing on the testimonies of the deceased's sons, which were deemed reliable and credible. The court held that the actions of the appellants demonstrated a clear intention to kill, and despite the defense's claims of provocation and lack of premeditation, the nature of the crime warranted the death penalty. The ruling emphasized the importance of accountability in violent crimes and reinforced the legal standards surrounding murder convictions in Pakistan. The decision is significant in understanding the application of criminal law in cases of sudden violence and the interpretation of intent in murder cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
Zahoorul Haq, Advocate Supreme Court,
Nur Ahmad Khan, Advocate-on-Record for Appellants,
S. Safdar Hussain, Advocate-on-Record for the State
|
| Petitioners |
2 others,
AYUB KHAN
|
| Respondents |
THE STATE
|
| Citations |
1974 SLD 186,
1974 SCMR 324
|
| Other Citations |
Sikandar v. The State (P L D 1966 S C 555),
Muhammad Saleem v. The State (1972 S C M R 249)
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|