| Case ID |
2d271078-501b-4445-a1e2-6d4b1cf011e4 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 353 of 1998 |
| Decision Date |
Jan 28, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal against the acquittal of the accused in a murder case, convicting Ghulam Shabbir under section 302(c)/34 of the Penal Code and sentencing him to 14 years of rigorous imprisonment. The court found that the evidence and testimonies presented were reliable, showing that the accused acted with a common intention to murder the deceased, Mulazim Hussain, and inflicted grievous injuries on Nabi Bakhsh. The High Court's previous ruling was deemed a misinterpretation of the evidence, resulting in a miscarriage of justice. The court maintained the conviction under section 337-F(ii) for Ghulam Shabbir, which was also upheld. The decision emphasized the importance of corroborated eyewitness accounts and medical evidence in establishing guilt in serious criminal matters. |
| Summary |
This case revolves around a brutal murder that occurred following a children's quarrel. The Supreme Court of Pakistan examined the appeal filed by the complainant, Haq Nawaz, against the acquittal of Muzammal Hussain and Ghulam Shabbir. The court highlighted the role of eyewitnesses and medical evidence in proving the involvement of the accused in the murder of Mulazim Hussain. The court found that both accused had come armed with deadly weapons, indicating premeditation and a common intention to harm. The judgment underscored the need for justice in serious criminal offenses and the significance of corroborative evidence in securing convictions. The ruling reinstated the gravity of the charges and reaffirmed the legal principles surrounding murder and accomplice liability, ensuring that the judicial system addresses such heinous acts decisively. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN MUHAMMAD AJMAL,
HAMID ALI MIRZA,
FALAK SHER
|
| Lawyers |
Sardar Muhammad Latif Khan Khosa,
Ch. M. Akram,
Dil Muhammad Tarar
|
| Petitioners |
HAQ NAWAZ
|
| Respondents |
Muhammad Afzal,
Ghulam Shabbir,
Ghulam Akbar,
MUZAMMAL HUSSAIN,
Allah Wasaya
|
| Citations |
2004 SLD 2882,
2004 PLD 533
|
| Other Citations |
Muhammad Arshad and 2 other v. The State PLD 1996 SC 122,
Javed Iqbal and others v. The State NLR 1998 Criminal 449,
Amir and 3 others v. The State 1987 SCMR 270,
Abdul Jabbar v. The State PLD 1964 SC 81
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302(c),
337-F(ii),
185(3)
|