| Case ID |
2c980114-a442-4918-aa6e-17f9a08863b5 |
| Body |
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| Case Number |
Criminal Appeal No. 136 of 1981 |
| Decision Date |
Dec 09, 1984 |
| Hearing Date |
|
| Decision |
The appeal was dismissed, but the sentence was altered from death to life imprisonment. The court recognized the appellant's young age and emotional state at the time of the crime, suggesting that a lesser penalty was justified. The evidence presented by the eyewitnesses was deemed credible despite minor discrepancies regarding the number of injuries. The court emphasized the need to assess the context of the crime and the motivations behind the actions of the appellant, ultimately focusing on the principles of justice rather than strict adherence to the death penalty. |
| Summary |
This case revolves around the appeal against the conviction of an individual (Muhammad Din) under section 302 of the Pakistan Penal Code for the murder of Muhammad Sadiq. The incident occurred on July 31, 1976, during Asar prayer time in the area of Mozah Jampur, where the deceased was attacked with a hatchet. The prosecution's case relied heavily on the ocular testimony of the deceased's brother and mother. Key legal principles were discussed, including the consistency of eyewitness accounts and the credibility of the evidence presented. The Supreme Court ultimately recognized the appellant's youth and emotional state, leading to a decision to alter the death penalty to life imprisonment. This case highlights critical aspects of criminal law in Pakistan, particularly concerning the assessment of evidence and the application of justice for young offenders. Relevant keywords include 'Supreme Court of Pakistan', 'section 302', 'eyewitness testimony', and 'criminal appeal'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSSAIN,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
MUHAMMAD DIN
|
| Lawyers |
Nemat Khan, Advocate Supreme Court,
Iqbal Ahmad Qureshi, Advocate-on-Record (absent),
Ch. Ghulam Ahmad, Advocate Supreme Court,
Rao M. Yusuf, Advocate-on-Record
|
| Petitioners |
MUHAMMAD DIN
|
| Respondents |
THE STATE
|
| Citations |
1985 SLD 834,
1985 SCMR 625
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185(3),
S.302
|