| Case ID |
25c97e62-ea7a-4c8e-84aa-65acdb8afccd |
| Body |
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| Case Number |
D-2741 of 1975 |
| Decision Date |
Jan 01, 1976 |
| Hearing Date |
Apr 28, 1975 |
| Decision |
The appeal by Muhammad Iqbal against the conviction under section 302 of the Pakistan Penal Code was dismissed. The Supreme Court upheld the lower court's findings, emphasizing the strong circumstantial evidence against the appellant, including the presence of witnesses who identified him as the assailant and the motive behind the crime. The court highlighted the lack of civic responsibility shown by witnesses in coming forward, which contributed to the challenges faced in the trial. The decision reinforced the principle that evidence under the relevant sections of the Evidence Act can substantiate a conviction when corroborated by other factors, such as motive and conduct post-incident. |
| Summary |
In a pivotal case decided by the Supreme Court of Pakistan, Muhammad Iqbal was accused of murdering Sabz Ali on August 5, 1970, during a bus journey. The incident, which occurred in broad daylight, was witnessed by several passengers, yet none came forward to directly identify the shooter due to fear of reprisal. The court examined the admissibility of witness statements under sections of the Evidence Act, particularly regarding spontaneous declarations made by passengers immediately following the shooting. The court found strong circumstantial evidence supporting the conviction, including the appellant's motive, his actions immediately following the crime, and the corroborative testimonies of other passengers. This case underscores the challenges of witness cooperation in criminal trials and the importance of maintaining public safety and civic duty. Key legal principles regarding hearsay and the weight of circumstantial evidence were also discussed, reaffirming their significance in establishing guilt in murder cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
SALAHUDDIN AHMED,
MUHAMMAD GUL
|
| Lawyers |
Sh. Muhammad Shafi, Senior Advocate Supreme Court instructed by Nur Ahmad Khan, Advocate-on-Record for Appellant,
Burhanuddin, Advocate-General. N: W.F.P. (Nazir Ahmad, Advocate Supreme Court with him) instructed by M. Qasim Imam, Advocate-on-Record for the State
|
| Petitioners |
MUHAMMAD IQBAL alias JAVED IQBAL
|
| Respondents |
THE STATE
|
| Citations |
1976 SLD 142,
1976 PLD 291
|
| Other Citations |
Ghulam Nabi Shah v. Crown 1969 S C M R 629
|
| Laws Involved |
Penal Code (XLV of 1860),
Evidence Act (I of 1872)
|
| Sections |
302,
6,
32
|