| Case ID |
1e27e81f-d958-44d9-8e67-10217d816229 |
| Body |
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| Case Number |
18-R of 1976 |
| Decision Date |
Oct 07, 1976 |
| Hearing Date |
Jun 09, 1976 |
| Decision |
In the case of Mehr Khan and another vs The State, the Supreme Court of Pakistan upheld the decision of the Lahore High Court which had confirmed the convictions of the petitioners under section 302 of the Penal Code with life imprisonment and a fine. The court emphasized the importance of the dying declaration and consistent witness testimonies as reliable evidence. The appeal was dismissed, affirming the lower courts' findings that the evidence was sufficient to establish guilt beyond a reasonable doubt. The court reiterated the established principles regarding the appreciation of evidence and the significance of the distinctions between types of appeals in the context of constitutional law. |
| Summary |
The Supreme Court of Pakistan case involving Mehr Khan and Nawab centered around the murder of Bakhtawar. The incident occurred on February 5, 1971, at 7 PM, leading to Bakhtawar's death after being shot by Mehr Khan. The court considered various evidentiary aspects, including a dying declaration and eyewitness accounts. The court noted that the prosecution's evidence, despite the unusual motive attributed, was compelling enough to sustain the conviction. The ruling highlights the legal standards applied in murder cases, especially regarding witness credibility and the interpretation of dying declarations under the Evidence Act. This case serves as a critical reference point for future cases involving similar legal principles and evidentiary standards in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Gul,
Muhammad Afzal Cheema,
Muhammad Akram
|
| Lawyers |
Ch. Fazal-e-Haq,
Rana Maqbool,
Ahmad Qadri
|
| Petitioners |
Nawab,
Mehr Khan
|
| Respondents |
The State
|
| Citations |
1977 SLD 236,
1977 PLD 41
|
| Other Citations |
PLD 1973 SC 469
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Evidence Act (I of 1872)
|
| Sections |
185(3),
302,
32,
11
|