| Case ID |
25e48aa6-979c-4666-b3d8-0f8629024015 |
| Body |
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| Case Number |
Criminal Appeal No. 6 of 1965 |
| Decision Date |
Oct 20, 1967 |
| Hearing Date |
Oct 20, 1967 |
| Decision |
The Supreme Court of Pakistan, in its judgment dated 20th October 1967, upheld the acquittal of Hamidullah by the High Court of West Pakistan. The Court found that the High Court had acted on correct principles in acquitting the accused under sections 302 and 324 of the Pakistan Penal Code. The Supreme Court noted that the evidence presented did not warrant a reappraisal of the facts, and the acquittal was not interfered with due to the reasonable conclusions drawn by the High Court based on careful consideration of the evidence presented. The Court emphasized that in appeals against acquittal, it is not within their purview to reassess the evidence unless the conclusions reached are deemed unreasonable. Thus, the Supreme Court dismissed the appeal, maintaining the acquittal of the respondent. |
| Summary |
This case revolves around the acquittal of Hamidullah, who was charged with the murder of Haji Saleh Muhammad under sections 302 and 324 of the Pakistan Penal Code. The incident occurred on July 27, 1963, when the deceased was shot in a bazar in Mardan. The acquittal was primarily based on the High Court's assessment of the evidence, which included testimonies from witnesses who were related to the deceased. The Supreme Court supported the High Court's view that the evidence provided was not sufficient to prove the guilt of the accused beyond reasonable doubt. The case highlights the principles of criminal justice, particularly regarding the standard of proof required for conviction, the credibility of witness testimonies, and the implications of witness relationships on the integrity of the evidence presented. The decision reinforces the importance of a fair trial and the presumption of innocence until proven guilty, making it a significant reference in criminal law. Keywords: acquittal, murder charges, witness credibility, Pakistan Penal Code, criminal justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI, JJ,
HAMOODUR RAHMAN, J.
|
| Lawyers |
Manzur Qadir, Senior Advocate Supreme Court,
Aftab Farrukh, Advocate Supreme Court,
Mahmud Ali, Senior Advocate Supreme Court,
M. Siddiq, Senior Attorney for Respondent No. 1,
Raja Said, Akbar, Advocate General West Pakistan,
R. S. Sidhwa, Advocate Supreme Court
|
| Petitioners |
SHAHZADA
|
| Respondents |
THE STATE,
HAMIDULLAH alias LELAI
|
| Citations |
1968 SLD 21,
1968 PCRLJ 176
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
304
|