Case ID |
31cc1fab-645a-4ae2-9ee3-3acdb9ee7320 |
Body |
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Case Number |
Criminal Appeal No. 6-P of 1982 |
Decision Date |
Mar 28, 1988 |
Hearing Date |
Mar 28, 1988 |
Decision |
The appeal was dismissed, upholding the conviction of the appellants under section 307/34 of the Penal Code for the attempted murder of Muhammad Wahab. The Supreme Court found that the prosecution had established its case beyond a reasonable doubt, as the incident occurred in broad daylight with eyewitnesses present. The High Court had rightly reversed the acquittal by the Magistrate, who had misread the evidence and failed to appreciate the testimonies of the witnesses. The appellants were ordered to surrender to serve their sentences. |
Summary |
This case revolves around the conviction of Gul Zaman and Farhad for their involvement in an attempted murder. The incident took place on January 8, 1977, when the appellants allegedly opened fire on Muhammad Wahab over a land dispute. The case highlights the importance of ocular evidence, as eyewitnesses were present at the scene, and their testimonies were corroborated by medical evidence. The Supreme Court's ruling emphasized the lack of enmity between the parties and the credibility of the witnesses, ultimately leading to the dismissal of the appeal. Key legal principles from the Penal Code and the Constitution played a significant role in the court's decision. The case illustrates the judicial process in Pakistan, particularly in criminal matters, and underscores the significance of reliable witness accounts in establishing guilt beyond a reasonable doubt. The involvement of the Supreme Court also showcases its role in ensuring justice and correcting lower court decisions when evidence is misinterpreted. This ruling reinforces the standards of proof required in criminal cases, particularly regarding the presence of witnesses and the evidence presented during trials. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
MOHANMAD AFZAL ZULLAH,
ALI HUSSAIN QAZILBASH,
USMAN ALI SHAH
|
Lawyers |
Not available
|
Petitioners |
GUL ZAMAN,
Farhad
|
Respondents |
THE STATE
|
Citations |
1988 SLD 2380,
1988 SCMR 957
|
Other Citations |
Not available
|
Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
Sections |
307,
34,
185(3)
|