| Case ID |
2e230925-acf0-4662-9ba1-5347afdd05a7 |
| Body |
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| Case Number |
Criminal Appeal No. 30 of 1975 and Confirmation Ca |
| Decision Date |
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| Hearing Date |
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| Decision |
The court reviewed the case of Muhammad Umar, who was convicted of the murder of his daughter and first wife, resulting in a death sentence. The court found errors in the trial process, particularly regarding the admissibility of evidence, including the ballistic report and the judicial confession. After evaluating the testimonies and the circumstances surrounding the incident, the court concluded that while the appellant was guilty, the death sentence was excessive given the family dynamics and the circumstances of the crime. The sentence was modified to life imprisonment for the murder charge and a concurrent three-year sentence for the attempted murder of his second wife. The appeal was ultimately dismissed, affirming the conviction but adjusting the sentence. |
| Summary |
This case involves the tragic incident where Muhammad Umar was convicted for the murder of his daughter Mst. Akhtari and his first wife Mst. Shah Jehan. The court highlighted significant aspects of the trial, including the use of evidence that was not properly admitted, such as the ballistic report, which could not be considered valid without the expert's testimony. The court noted the appellant's familial relationships and circumstances leading to the incident, emphasizing that the harshness of the death penalty was not warranted. The court's decision to modify the sentence reflects a balance between justice and compassion considering the nature of the crime and the appellant's mental state during the incident. Key legal principles such as admissibility of evidence, procedural fairness, and the gravity of the punishment were central to the court's ruling. This case serves as a significant reference for future cases regarding the application of the death penalty and the importance of proper legal procedures. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AGHA ALI HAIDER,
JAMALUDDIN H. AHMED
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Umar
|
| Respondents |
The State
|
| Citations |
1977 SLD 1900,
1977 PCRLJ 735
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302,
307,
324
|