| Case ID |
1a93ee40-7423-4e10-b553-957c3dda9a01 |
| Body |
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| Case Number |
Criminal Appeal No. 10 of 1957 |
| Decision Date |
Oct 15, 1957 |
| Hearing Date |
Sep 25, 1957 |
| Decision |
The Lahore High Court upheld the conviction of Ghulam Sarwar under section 302/34 of the Pakistan Penal Code while altering the conviction of others. The court confirmed the death sentence for Ghulam Sarwar as the evidence substantiated his involvement in the murder of Allah Bakhsh, corroborated by the approver's testimony and other witnesses. The convictions of Khaira, Ghulam Haider, and Manzur were set aside due to insufficient evidence linking them directly to the crime, particularly in light of the requirement for corroborative evidence for the approver's statements. |
| Summary |
This case revolves around the murder of Allah Bakhsh by a group including Ghulam Sarwar, Manzur, Khaira, and Ghulam Haider. The Lahore High Court's decision emphasizes the importance of corroborative evidence in criminal cases, particularly when relying on an approver's testimony. The court concluded that there was enough evidence to confirm Ghulam Sarwar's role in the crime, while the other accused were acquitted due to the lack of direct involvement. This case highlights key aspects of criminal law, including the application of the Evidence Act and sections of the Pakistan Penal Code, particularly regarding accomplices and the necessity for corroborative evidence. The ruling sets a precedent for the treatment of confessions and the standards required for conviction in serious offenses, ensuring that justice is served while adhering to legal standards. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL AZIZ KHAN,
A. R. CHANGEZ
|
| Lawyers |
Jalal-ud-Din Kureshi,
Jeremy,
Sh. Ijaz Ali
|
| Petitioners |
Ghulam Sarwar,
Ghulam Haider,
MANZOOR,
Khaira
|
| Respondents |
THE STATE
|
| Citations |
1957 SLD 7,
1957 PLD 1023
|
| Other Citations |
Sajian Singh v. The Crown I L R 6 Lah. 437,
Fazal Dad v. the Crown P L D 1955 F C 152,
Barkati v. Emperor A I R 1927 Lah. 581,
Wazir Chand v. Emperor A I R 1928 Lah. 30,
The King v. Baskerville (1916) 2 K B 658,
Fordil v. Emperor A I R 1934 Lah. 632
|
| Laws Involved |
Evidence Act, (1 of 1872),
Pakistan Penal Code, 1860
|
| Sections |
30,
114 illus. (b),
133,
148,
34,
149,
302
|