Case ID |
1a9fa3c0-009d-405f-baff-8e61df033d27 |
Body |
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Case Number |
Criminal Appeal No. 131 of 1976 |
Decision Date |
Dec 06, 1978 |
Hearing Date |
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Decision |
The appeal of Muhammad Yunus was dismissed. The Supreme Court upheld the findings of the lower courts that the prosecution had established the guilt of the appellant beyond reasonable doubt. The evidence of the eyewitnesses, corroborated by the recovery of blood-stained clothes and the murder weapon, was deemed credible. The Court noted that despite discrepancies in witness testimonies, they were minor and did not affect the overall credibility. The sentence of death imposed by the Lahore High Court was also confirmed as legal, although the High Court could have exercised discretion in considering mitigating circumstances, it was concluded that the sentence was not unjust. The appellant's arguments regarding self-defense and the recording of the FIR were not substantiated, leading to the final decision to dismiss the appeal. |
Summary |
In this significant case, the Supreme Court of Pakistan dealt with the appeal of Muhammad Yunus against his conviction for murder under Section 302 of the Penal Code. The case revolved around the stabbing death of Mushtaq Ahmad, with key evidence presented by eyewitnesses, including Muhammad Munsif, who testified about the events leading to the murder. The Court emphasized the importance of corroborative evidence, such as the recovery of blood-stained clothes and the murder weapon, in establishing the appellant's guilt. Despite the defense raising questions about the credibility of the eyewitnesses and the recording of the FIR, the Supreme Court found the prosecution's case compelling. The appeal was ultimately dismissed, reaffirming the lower courts' decisions and highlighting the judiciary's role in ensuring justice in murder cases. This case serves as a precedent in evaluating witness credibility and the standards of evidence required for murder convictions, making it crucial for legal practitioners and scholars. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
|
Judges |
Dorab Patel,
Muhammad Haleem,
Karam Elahee Chauhan
|
Lawyers |
Syed Inayat Hussain Shah,
Sh. Riaz Ahmad,
Sh. Ijaz Ali,
Ch. Akhtar Ali
|
Petitioners |
Muhammad Yunus
|
Respondents |
The State,
Another
|
Citations |
1979 SLD 521,
1979 SCMR 225
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Other Citations |
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Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
Sections |
302,
Art. 185 (3)
|