| Case ID |
1b2b46d3-466d-4bd0-a16d-b4794d795da5 |
| Body |
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| Case Number |
Criminal Appeal No. 1 and Criminal Petition No. 3 |
| Decision Date |
Oct 22, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the conviction of the appellants under sections 302 and 307 of the Penal Code but declined to interfere with the High Court's discretion regarding the sentencing. The court noted that the High Court had justifiably refrained from imposing the death penalty, considering the motive was rooted in family dynamics and societal pressures. The appellants were convicted based on strong ocular evidence from eyewitnesses and corroborated by recovery of the crime weapons. The court found that the brutal nature of the attack justified the convictions, but the circumstances surrounding the case warranted a more lenient sentence than death. The appellants' appeals were dismissed, and the petition for enhancement of sentences was also rejected. |
| Summary |
This case revolves around a brutal murder involving Allah Bakhsh and Nazar Hussain, who were convicted under sections 302 and 307 of the Pakistan Penal Code for the murder of Noor Abdullah and the attempted murder of his son, Muhammad Riaz. The Supreme Court of Pakistan examined the evidence, which included ocular testimony from eyewitnesses and the recovery of blood-stained weapons. The court highlighted the importance of the motive, rooted in a family Nikah that caused resentment among the appellants. Despite the severity of the crimes, the court upheld the High Court's decision not to impose the death penalty, reflecting an understanding of the social context and familial relationships at play. The case emphasizes the balance between justice and mercy within the legal framework, showcasing the complexities of criminal law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
JAVID IQBAL,
SAAD SAOOD JAN
|
| Lawyers |
R.A. Jeremy,
Syed Wajid Hussain,
Rao Hamid Mukhtar,
Rao Muhammad Yousaf Khan,
Bashir A. Mujahid,
Muhammad Aslam Chaudhary
|
| Petitioners |
NAZAR HUSSAIN,
ALLAH BAKHSH
|
| Respondents |
THE STATE
|
| Citations |
1987 SLD 249,
1987 SCMR 185
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185(2),
Art. 185(3),
S. 302,
S. 307,
S. 34
|