| Case ID |
22c50687-90eb-472c-a3f9-069fc059c08a |
| Body |
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| Case Number |
Criminal Appeals Nos.22, 23 and 24 of 1982 |
| Decision Date |
Apr 03, 1988 |
| Hearing Date |
Apr 03, 1988 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of Qalandar Khan, acquitting him of the murder charge under section 302 of the Penal Code while maintaining the conviction under section 307 for attempted murder. The court found that the evidence presented raised serious doubts about the prosecution's case, particularly the absence of blood at the scene where the deceased had allegedly fallen. The court concluded that Qalandar Khan acted in self-defense during the incident and that the prosecution had not established its case beyond reasonable doubt. |
| Summary |
In the case of Criminal Appeals Nos.22, 23 and 24 of 1982, the Supreme Court of Pakistan addressed the convictions surrounding the murder of Zahid Hussain and the attempted murder of Munsif Khan. The appeals arose from the Peshawar High Court's earlier judgment which overturned Qalandar Khan's conviction for murder but upheld his conviction for attempted murder. The crux of the Supreme Court's decision centered on the credibility of witness testimonies and the physical evidence presented. The absence of blood at the scene raised significant doubts about the prosecution's claims. The court emphasized the need for evidence to support the charges, ultimately granting Qalandar Khan the benefit of self-defense, leading to his acquittal on the murder charge. This case underscores the importance of credible evidence and the legal principle that a defendant is presumed innocent until proven guilty. Keywords: self-defense, murder charge, acquittal, credible evidence, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C. J.,
NASIM HASAN SHAH,
SHAFIUR RAHMAN, JJ
|
| Lawyers |
Not available
|
| Petitioners |
SHAH NAWAZ and 2 others
|
| Respondents |
QALANDAR KHAN and another
|
| Citations |
1988 SLD 2411,
1988 SCMR 1039
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
307
|