| Case ID |
2df98933-5e87-461c-ae7e-a1c3b4205717 |
| Body |
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| Case Number |
Criminal Petitions for Leave to Appeal Nos.507/L a |
| Decision Date |
Apr 21, 2003 |
| Hearing Date |
Jan 31, 2003 |
| Decision |
The Supreme Court dismissed the petitioners' appeals against their convictions and sentences for the murder of Aziz Jehan Khan. The court found that the evidence against the petitioners was strong and credible, with multiple eyewitness accounts corroborating the prosecution's case. The defense failed to discredit these testimonies despite extensive cross-examination. The court noted that the absence of motive does not negate the conviction, especially in a case of cold-blooded murder established through unimpeachable evidence. The petitioners were declared guilty under sections 302(b) and 34 of the Penal Code and were sentenced to death. The appeals for leniency were rejected based on the desperate conduct of the petitioners after the crime and during the trial. |
| Summary |
In the case of HASHMAT ULLAH and others versus THE STATE, the Supreme Court of Pakistan addressed the grave matter of murder that occurred in broad daylight. The court evaluated the evidence presented, including eyewitness accounts and medical reports that confirmed the nature of the injuries inflicted on the victim, Aziz Jehan Khan. The court emphasized the importance of credible testimony, noting that the relationship of a witness to the victim does not automatically discredit their account if it inspires confidence. The decision highlighted that the absence of a clear motive does not diminish the gravity of the crime or the culpability of the accused under the provisions of the Penal Code. Ultimately, the court upheld the lower court's decision, reinforcing the legal consequences of engaging in premeditated murder. This case serves as a crucial reference for future legal interpretations of evidence and motive in murder cases, emphasizing the principle that clear, credible evidence can outweigh the need for established motives in securing convictions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
TANVIR AHMED KHAN,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Sh. Naveed Shehryar,
Raja Muhammad Anwar,
Raja Muhammad Arif,
Tanvir Ahmed,
Rab Nawaz Niazi
|
| Petitioners |
HASHMAT ULLAH,
Abdul Sattar Khan,
Hashmat Ullah
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 594 = 2003 SCMR 1230
|
| Other Citations |
Muhammad Ashraf v. The State 2001 SCMR 73,
Muhammad Aslam and others v. The State and others 2001 SCMR 223,
Waris Khan v. The State 2001 SCMR 387
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302(b),
34,
185(3)
|