| Case ID |
178fb21d-8c38-4e7a-a73f-2027d33747ca |
| Body |
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| Case Number |
Criminal Appeal No.96 of 1999 |
| Decision Date |
Dec 06, 2004 |
| Hearing Date |
Dec 06, 2004 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, overturned the High Court's acquittal of the accused, and sentenced both respondents to life imprisonment for the murder of Ghulam Sarwar. The Court found that the evidence presented by eyewitnesses was credible, despite contradictions with medical evidence. The Court emphasized that mere enmity does not discredit natural witnesses, and the testimonies were corroborated by the medical evidence regarding the nature of injuries sustained by the deceased. The Court also noted that both respondents shared equal liability in the crime under Section 34 of the Penal Code. |
| Summary |
In the landmark case of Criminal Appeal No.96 of 1999 decided by the Supreme Court of Pakistan, the Court addressed significant issues concerning the credibility of eyewitnesses in murder cases. The case involved the brutal murder of Ghulam Sarwar, where the accused were charged under Section 302 of the Penal Code. The Supreme Court assessed the conflicting evidence presented by eyewitnesses and medical experts, ultimately ruling that the eyewitness accounts were reliable despite claims of enmity. The Court's decision highlighted the importance of evaluating the inherent merit of witness statements and the principles surrounding the admissibility of evidence in criminal trials. This case serves as a pivotal reference for future legal considerations regarding eyewitness testimony, the evaluation of motive, and the application of Section 34 of the Penal Code in shared culpability scenarios. Keywords: Supreme Court of Pakistan, eyewitness credibility, murder case, Penal Code, Section 302, criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMID ALI MIRZA,
MUHAMMAD NAWAZ ABBASI,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
MUNIR AHMAD BHATTI,
ABDUS SALEEM,
SH. MEHMOOD AHMED
|
| Petitioners |
MUHAMMAD RIAZ
|
| Respondents |
MUHAMMAD ZAMAN,
ISHTIAQ AHMED
|
| Citations |
2005 SLD 714,
2005 PLD 484
|
| Other Citations |
Ghulam Sakindar v. Mamraz Khan PLD 1985 SC 11
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
34,
185(3),
417
|