| Case ID |
260ff07c-ac69-4458-b45c-fd0556bfce6c |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 20-P of 1971 |
| Decision Date |
Dec 20, 1980 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the judgment of the High Court was set aside, restoring the trial court's conviction of the first respondent under section 302, P.P.C., sentencing him to death. The case revolved around the murder of Ghulam Muhammad, with the prosecution establishing motive, disinterested witnesses, and corroborating evidence against the accused. The High Court's reasons for acquittal were deemed inadequate, particularly regarding witness credibility and the circumstances of the murder. |
| Summary |
In this landmark case, the Supreme Court of Pakistan examined the appeal filed by Capt. Mahmood Jan against the acquittal of Madad Khan and others in a murder case. The court scrutinized the evidence, including the first information report (FIR) lodged promptly, establishing a clear motive tied to civil litigation and personal grievances. The prosecution's witnesses were found credible, with their presence at the scene justified by compelling reasons. The medical evidence indicated the nature of the injury sustained by the deceased, supporting the prosecution's narrative. Ultimately, the Supreme Court's decision to overturn the High Court's acquittal underscores the importance of thorough evidentiary review in criminal cases. This case highlights key legal principles surrounding murder, evidence evaluation, and judicial scrutiny, making it significant for legal precedents in Pakistan. Keywords: murder case, Supreme Court of Pakistan, evidentiary review, legal principles, acquittal, conviction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
DORAB PATEL,
MUHAMMAD HALEEM,
FAKHRUDDIN G. EHRAHIM, JJ
|
| Lawyers |
Muhammad Ajmal Mian, Advocate for the State
|
| Petitioners |
CAPT. MAHMOOD JAN
|
| Respondents |
another,
MADAD KHAN
|
| Citations |
1981 SLD 300,
1981 SCMR 474
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Evidence Act (I of 1872)
|
| Sections |
302,
43
|