| Case ID |
261711ca-5ac7-447d-8884-6ad6a493ccad |
| Body |
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| Case Number |
Criminal Appeal No. 21 of 1962 |
| Decision Date |
Jan 18, 1963 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal against the acquittal of the respondents in the murder case of Sub-Inspector Hamid Asghar. The court found that the evidence presented was sufficient to establish the guilt of the accused, particularly Ashiq Hussain, Inayat Shah, Akbar Zaman Shah, and Jiwan Lohar. The court noted that the actions of the accused were not just reactions to the incident but were part of a joint attack that resulted in the murder of the police officer. The convictions under section 302 of the Pakistan Penal Code were restored, and the sentences of life imprisonment were imposed on the convicted individuals. The court emphasized the importance of credible eyewitness testimony and the principle of constructive liability under section 34 of the Penal Code. |
| Summary |
This case revolves around a criminal appeal concerning the murder of Sub-Inspector Hamid Asghar, who was killed during a chaotic incident involving a large group of individuals in the village of Nurpur Thal. The Supreme Court of Pakistan examined the evidence presented against the accused, which included eyewitness accounts and circumstantial evidence linking them to the crime. The court found substantial discrepancies in the lower court's judgment, particularly regarding the credibility of witnesses and the interpretation of the events leading to the murder. Notably, the court highlighted the legal principles of unlawful assembly and joint intention under the Pakistan Penal Code. The decision underscored the necessity for careful scrutiny of evidence in capital cases and reaffirmed the responsibilities of law enforcement officers in maintaining public order. This case is significant in understanding the application of criminal law, particularly in the context of mob violence and the legal implications of joint action in criminal offenses. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. Cornelius, C.J.,
S. A. Rahman,
Fazle-Akbar,
B. Z. Kaikaus,
Hamoodur Rahman
|
| Lawyers |
Dr. Naseem Hassan Shah,
Hafizur Rahman,
M. B. Zaman
|
| Petitioners |
Mst. Hamida Bano
|
| Respondents |
State,
Ashiq Hussain,
Inayat Shah,
Akbar Zaman Shah,
Sher Muhammad Chohan,
Jiwan Lohar
|
| Citations |
1963 SLD 472,
1963 PLD 109
|
| Other Citations |
Rehmat v. The State P L D 1959 S C (Pak.) 109,
Niaz v. The State P L D 1960 S C (Pak.) 387,
Mamand v. The King-Emperor A I R 1946 P C 45,
Mahbub Shah v. The King-Emperor 72 I A 148
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302,
307,
34,
141,
353
|