| Case ID |
1ad560f9-3ff0-4678-9116-ee2f120fc3fc |
| Body |
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| Case Number |
Criminal Appeal No. 183 of 1973 |
| Decision Date |
Jul 16, 1974 |
| Hearing Date |
Jul 16, 1974 |
| Decision |
The appeal was allowed, and the convictions of the five adult appellants were set aside. The court found significant discrepancies in the prosecution evidence, including contradictions in witness statements and issues with the recovery of incriminating evidence. The court concluded that the prosecution did not meet the burden of proof required for a conviction. Additionally, the order regarding the two minors was quashed, and they were ordered to be released from detention. The decision highlighted the importance of reliable evidence in criminal proceedings and the necessity for the prosecution to present a cohesive and credible case. |
| Summary |
This case involves the appeal of seven individuals convicted of murder in a dispute over agricultural land and a water channel. The primary issue was the murder of Muhammad Yaseen, which stemmed from a conflict over this land. The court reviewed the prosecution's evidence, which included eyewitness testimonies and forensic evidence. However, the court found numerous discrepancies in the witness accounts, including contradictions regarding who was armed and the nature of the injuries inflicted. The appeal was allowed due to these inconsistencies, leading to the acquittal of the adult appellants and the release of the minors. The case underscores the critical nature of credible eyewitness testimony and the requirement for the prosecution to substantiate its claims beyond a reasonable doubt, especially in murder cases. Keywords such as 'criminal appeal', 'murder conviction', 'eyewitness testimony', and 'forensic evidence' are crucial for understanding the legal implications and the court's reasoning in this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NOORUL ARFIN,
MUSHTAK ALI KAZI
|
| Lawyers |
Mr. Imdad Ali Agha,
Mr. Manzoor Hussain
|
| Petitioners |
Abdul Majid,
Abdul Shakoor,
Jamil,
Islamuddin,
Masita,
Jalil Ahmad,
Akhtar Hussain
|
| Respondents |
The State
|
| Citations |
1976 SLD 1074,
1976 PCRLJ 945
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code,
Bombay Children Act, 1924
|
| Sections |
302,
149,
148,
26
|