| Case ID |
23815297-60b1-45a7-9951-fff3478daf65 |
| Body |
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| Case Number |
Criminal Appeal No. 19-K of 1982 |
| Decision Date |
Sep 04, 1988 |
| Hearing Date |
Sep 04, 1988 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, setting aside the acquittal of the respondents by the High Court. The Court restored the conviction of Muhammad Ali and Dhani Bux for the murder of Hamzo, emphasizing the credibility of the eye-witness testimony and the substantial evidence presented by the prosecution. The judgment highlighted that the evidence against the accused was compelling, noting the prompt lodging of the FIR and the consistency of witness accounts. The Court also acknowledged the age of the respondents, granting them benefits under section 382-B, Cr.P.C. in the computation of their sentence. |
| Summary |
This case revolves around the murder of Hamzo, who was shot while reading a newspaper at a dispensary. The Supreme Court of Pakistan heard the appeal against the High Court's acquittal of the accused, Muhammad Ali and Dhani Bux. The case highlighted significant issues related to the administration of justice, evidentiary credibility, and the interpretation of legal standards under the Constitution of Pakistan and the Penal Code. The Court emphasized the importance of witness testimony and the reliability of the evidence presented, leading to the conclusion that the prosecution's case was proven beyond a reasonable doubt. The decision reaffirms the principles of justice and the role of the judiciary in ensuring accountability for criminal actions. Additionally, it reflects on the procedural aspects of criminal law, particularly regarding appeals and the standards of proof required for convictions. The case serves as a significant reference for future legal proceedings concerning similar charges and evidentiary standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASSAN SHAH,
JAVID IQBAL,
USMAN ALI SHAH
|
| Lawyers |
Khalid M. Ishaque,
Nizam Ahmad,
Hayat Junejo,
Muzaffar Hasan,
Abdul Ghafoor Mangi,
S.M. Abbas
|
| Petitioners |
2 others,
AZIZULLAH
|
| Respondents |
2 others,
MUHAMMAD ALI
|
| Citations |
1989 SLD 479,
1989 SCMR 264,
1989 SLD 1035
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Penal Code (XLV of 1860)
|
| Sections |
185(3),
302/34
|