| Case ID |
306d6419-4093-4bad-a432-fa3e670c1e91 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 225 of 1978 |
| Decision Date |
Aug 30, 1979 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the appeal filed by the appellants, Wazir Ali, Khalil, and Azizullah, who were convicted under sections 324/34 and 302/34 of the Pakistan Penal Code. The prosecution's case was primarily based on ocular testimony, which was found to be unreliable, as the witnesses did not support the prosecution's claims. The court noted inconsistencies in the prosecution's evidence, particularly regarding the dying declarations and the recovery of the alleged murder weapon. Ultimately, the court concluded that the prosecution had failed to prove its case beyond a reasonable doubt, leading to the acquittal of the appellants. They were directed to be released forthwith unless detained in connection with another case. |
| Summary |
In the case of Wazir Ali and Others vs The State, the Sindh High Court addressed the appeal of three appellants convicted under sections 324/34 and 302/34 of the Pakistan Penal Code for causing hurt and murder, respectively. The incident involved a dispute stemming from the termination of Wazir Ali's employment by the complainant, Abdul Haq. The court highlighted significant weaknesses in the prosecution's case, including unreliable witness testimonies that failed to clearly identify the appellants as the assailants. The dying declarations presented were also deemed inadmissible due to procedural issues and lack of corroboration. The court emphasized the principle of 'benefit of doubt' in criminal proceedings, ultimately leading to the conclusion that the prosecution did not meet the burden of proof required for a conviction. The appeal was allowed, and the appellants were acquitted, underscoring the importance of credible evidence and the standards required in criminal law. Keywords: Sindh High Court, appeal, acquittal, Pakistan Penal Code, unreliable testimony, dying declaration, criminal law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZAFFAR HUSSAIN MIRZA,
G. MUHAMMAD SHAH
|
| Lawyers |
Not available
|
| Petitioners |
Wazir Ali,
Khalil,
Azizullah
|
| Respondents |
The State
|
| Citations |
1980 SLD 1848,
1980 PCRLJ 309
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
324/34,
302/34
|