| Case ID |
3252d7e8-fa4a-4526-9058-25c789c95629 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Revision Application No. 76 of 1973 |
| Decision Date |
Nov 27, 1974 |
| Hearing Date |
|
| Decision |
The Sindh High Court accepted the criminal revision application and set aside the acquittal order of the learned Sessions Judge, Sukkur, dated 23-1-1973. The case was remanded to the learned Sessions Judge, Sukkur, with a directive to assign it to another competent judge for a fresh trial and decision according to law. The court found that the trial court had not properly appreciated the evidence presented, particularly the testimonies of eyewitnesses and the motives behind the crime. The decision emphasized the need for a detailed examination of the evidence due to the serious nature of the allegations involving a murder case where the deceased suffered multiple hatchet injuries. |
| Summary |
The case revolves around a criminal revision application filed by Allahdino against the acquittal of Ahmad and Nindo in a murder case. The incident occurred on June 30, 1971, when the deceased, Arab, was allegedly murdered by the respondents. The complainant, Allahdino, contended that the trial court had ignored crucial evidence and witnesses, leading to an unjust acquittal. The Sindh High Court found merit in the application and noted significant flaws in the trial court's handling of the evidence, particularly regarding the eyewitness accounts and the motive for the murder, which was rooted in a previous incident involving the deceased and the respondents. The court's ruling emphasizes the importance of a thorough review of evidence in criminal cases to ensure justice is served, especially in serious offenses like murder. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
KHUDA BAKHSH MARRI, J
|
| Lawyers |
Mr. Jalaluddin Baloch,
Muhammad Sulleman Memon,
Mr. Agha Imdad A.I
|
| Petitioners |
Allahdino
|
| Respondents |
The State,
Ahmad,
Nindo
|
| Citations |
1975 SLD 876 = 1975 PCRLJ 1281
|
| Other Citations |
Nazir Hussain v. Muhammad Shafi (P L D 1965 S C 188),
Asadullah v. Muhammad Ali and 5 others (PLD 1971 SC 541),
Muhammad Shafi and others v. The State (PLD 1967 SC 167),
Ghulam Rasool v. The State (1968 P Cr. L J 553),
Ghulam Haider v. The Stare (1968 P Cr. L J 1517)
|
| Laws Involved |
Code of Criminal Procedure
|
| Sections |
435,
439
|