| Case ID |
257e8249-4602-4427-bcf2-8b76020fef5f |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition for Leave to Appeal No. 192 of 1 |
| Decision Date |
Feb 10, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to re-evaluate the evidence concerning the acquitted respondents and the nature of the offense against Muhammad Iqbal. The court noted that while the prosecution established a motive against the accused, the nature of the injuries sustained by Muhammad Iqbal was insignificant and did not support the prosecution's case. The court emphasized the importance of the immediate report by Ishtiaq P.W.9 after the incident, which suggested no fabrication of the case against the respondents. The petition against other accused/respondents was rejected, and a bailable warrant was issued for Muhammad Tufail. |
| Summary |
The case revolves around a violent incident on August 17, 1976, where Fayaz Haider was murdered, and Ishtiaq Ahmad sustained injuries. The Supreme Court of Pakistan reviewed the Lahore High Court's decision that acquitted several accused while convicting Muhammad Iqbal. The court considered the evidence and testimonies presented during the trial, scrutinizing the motive and the injuries of the accused. The case highlights issues surrounding the burden of proof in criminal law and the significance of eyewitness accounts. Key legal principles from the Penal Code and the Constitution were applied to assess the validity of the appeals. The outcome underscores the complexities of criminal appeals and the necessity for thorough evaluations of evidence in ensuring justice. Keywords include criminal law, appeal process, eyewitness testimony, and legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Ch. M.A. Wahid,
M.A. Bajwa
|
| Petitioners |
Malik ISHTIAQ AHMAD
|
| Respondents |
Noor Muhammad,
MUHAMMAD IQBAL,
Muhammad Tufail,
Gulzar Ahmad
|
| Citations |
1987 SLD 755,
1987 SCMR 1902
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302/34,
304, Part I,
Art. 185(3)
|