| Case ID |
255628bc-410b-4805-a2c8-6c4f61f1a41a |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.84 of 198 |
| Decision Date |
Nov 18, 1987 |
| Hearing Date |
Nov 18, 1987 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, upholding the decision of the Lahore High Court which had reduced the conviction of the respondent from murder to culpable homicide not amounting to murder under Exception 1 of Section 300, PPC. The High Court found the original conviction under Section 302, PPC to be unsubstantiated, primarily due to the lack of credible evidence from the prosecution witnesses. The respondent was sentenced to three years rigorous imprisonment, considering his young age and the provocation he claimed to have faced. The court emphasized the importance of sound principles of evidence evaluation, leading to a decision that the prosecution failed to prove the murder charge beyond a reasonable doubt. |
| Summary |
This case revolves around the appeal regarding the conviction of Hassan Bakhsh, who was initially sentenced to death for the murder of Muhammad Yar. The Supreme Court of Pakistan reviewed the High Court's decision to alter the conviction to culpable homicide not amounting to murder based on a detailed evaluation of the evidence presented by three eyewitnesses. The court found inconsistencies in their testimonies and concluded that the prosecution could not substantiate the murder charge. The case highlights crucial legal concepts such as the importance of credible eyewitness testimony, the evaluation of evidence, and the legal definitions surrounding culpable homicide and murder. It also emphasizes the legal protections afforded to young defendants in Pakistan. The decision underscores the necessity for rigorous proof in criminal cases, particularly in capital punishment scenarios. The judgment serves as a significant reference point for future cases involving similar legal principles and evidentiary standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN, JUSTICE,
ZAFFAR HUSSAIN MIRZA, JUSTICE
|
| Lawyers |
A.H.Najafi, Advocate Supreme Court for Petitioner,
Nemo for Respondents
|
| Petitioners |
SADIQ MUHAMMAD
|
| Respondents |
HASSAN BAKHSH AND ANOTHERS
|
| Citations |
1988 SLD 2986,
1988 SCMR 238
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302,
300, Exception 1,
185(3)
|