| Case ID |
2d258b9f-56aa-4135-b7b7-6fa26a1187c6 |
| Body |
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| Case Number |
Criminal Appeal No. 4 of 1969 |
| Decision Date |
Jul 10, 1970 |
| Hearing Date |
Apr 23, 1970 |
| Decision |
The Supreme Court of Pakistan overturned the acquittal of the respondents by the High Court, reinstating the convictions for the murder of Habib and for causing injuries to Muhammad Sher. The court determined that the High Court's reasoning was flawed and not supported by evidence, especially regarding the presence of witnesses and the recovery of incriminating weapons. The court emphasized the concerted nature of the attack and the motive behind it, which warranted a more severe sentence. Although the original sentences of transportation for life were deemed inadequate, the court did not impose the death penalty as the state did not appeal the sentence. The appeal was allowed, restoring the convictions and sentences imposed by the Sessions Judge. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed critical issues surrounding murder and the adequacy of evidence leading to acquittal. The case revolved around the brutal murder of Habib, who was attacked by multiple assailants, with substantial evidence against them, including witness testimonies and the recovery of blood-stained weapons. The trial court initially convicted the accused, but the High Court acquitted them, citing doubts about witness credibility and the circumstances of the crime. The Supreme Court, however, found the High Court's conclusions to be unsupported by the evidence and reinstated the convictions. This case underscores the importance of corroborative evidence in murder trials and the role of motive in determining the severity of sentences. Keywords: murder case, acquittal, Supreme Court of Pakistan, evidence, conviction, trial court, High Court, blood-stained weapons, witness testimony, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQUB ALI,
SAJJAD AHMAD, JJ
|
| Lawyers |
M. Dilawar Mahmood, Addl. A.-G. West Pakistan,
Ch. Muhammad Ashraf, Advocate Supreme Court,
Ijaz Ali, Advocate-on-Record for the State,
Manzoor Qadir, Senior Advocate Supreme Court,
M. A. Rahman, Advocate-on-Record for Respondents Nos. 2 to 5
|
| Petitioners |
THE STATE
|
| Respondents |
QADIR BAKHSH,
OTHER RESPONDENTS,
FATEH SHER
|
| Citations |
1970 SLD 103,
1970 PLD 491
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1962)
|
| Sections |
302,
323/149,
148,
58(3)
|