| Case ID |
22ed4e67-3ede-4c64-9ed4-3959c7b84eec |
| Body |
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| Case Number |
Criminal Appeals Nos. 51-K and 52-K of 1983 |
| Decision Date |
Jan 07, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the conviction of the appellant Khushi Muhammad alias Natho under section 307 of the Penal Code, affirming that the ocular testimony corroborated by medical evidence established the charge against him. However, the conviction under section 13-D of the Arms Ordinance was overturned due to a lack of evidence proving possession of an unlicensed firearm. The court emphasized that judgments from one case cannot be used as evidence in another, thereby maintaining the principle that each case must be judged on its own facts. |
| Summary |
This case revolves around the conviction of Khushi Muhammad, alias Natho, for attempted murder under section 307 of the Penal Code, as well as illegal possession of a firearm under the Arms Ordinance. The incident occurred on March 30, 1980, when the appellant shot at Abdul Sattar, who was promptly assisted by witnesses in apprehending him. The evidence included consistent ocular testimony from the complainant and medical verification of the injuries sustained by the victim. The Supreme Court highlighted the importance of reliable witness accounts and the corroboration of evidence, leading to the decision to uphold the conviction under the Penal Code. However, the conviction for the possession of an unlicensed firearm was dismissed due to insufficient evidence regarding the recovery of the weapon, reiterating that findings from one case cannot be indiscriminately applied to another. This case underscores critical legal principles regarding evidence, witness credibility, and the standards for upholding convictions in criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Muhammad Hayat Junejo, Senior Advocate Supreme Court,
Muzaffar Hassan, Advocate-on-Record for Appellant,
Sattar A. Shaikh, A. A.G., Sind,
S.M. Abbas, Advocate-on-Record for the State
|
| Petitioners |
KHUSHI MUHAMMAD alias NATHO
|
| Respondents |
THE STATE
|
| Citations |
1986 SLD 1103,
1986 PLD 146
|
| Other Citations |
Muhammad Khurshid v. The State P L D 1963 S C 157
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
West Pakistan Arms Ordinance (XX of 1965),
Evidence Act (I of 1872)
|
| Sections |
Art 185(3),
S. 307,
S. 13-D,
S. 43
|