| Case ID |
3732d2f6-d73f-4276-ba80-a56b4c691a61 |
| Body |
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| Case Number |
Criminal Appeal No. 19-P of 1972 |
| Decision Date |
Dec 03, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the conviction of Muqaddar Shah under section 302 of the Pakistan Penal Code for the murder of Saifullah Khan, maintaining the death sentence. The Court emphasized that the evidence presented was consistent, particularly from the eyewitness Akbar Khan, who promptly reported the crime. The Court found discrepancies in the testimonies of the witnesses but concluded these did not affect the prosecution's case against the appellant. The conviction under section 307 was overturned due to insufficient evidence linking the appellant to the injuries of Akbar Khan. |
| Summary |
In the case of Muqaddar Shah vs. The State, the Supreme Court of Pakistan addressed serious charges of murder under section 302 of the Penal Code. The appellant was convicted for the brutal killing of a co-villager, Saifullah Khan, amid a long-standing dispute over irrigation rights. The court scrutinized the evidence, particularly eyewitness accounts, which were deemed credible despite some inconsistencies. The appellant's actions were characterized as cruel and wanton, reflecting a disregard for human life. The court's decision underscores the importance of reliable eyewitness testimony and the adherence to principles of justice, leading to the upholding of the death sentence. This case highlights critical issues surrounding the application of criminal law in Pakistan, particularly in murder cases and the evidentiary standards required for conviction. The ruling serves as a significant precedent in the realm of criminal justice, emphasizing the court's role in ensuring justice is served while balancing the rights of the accused. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Akbar Khan,
Abdul Ghaffar,
Abdul Qayyum,
Saifullah Khan,
Shah Zaman
|
| Judges |
HUMOODUR RAHMUN, C.J.,
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
Muhammad Shaft Senior Advocate instructed by Nur Ahmad Khan Advocate-on-Record for Appellant,
Mian Burhan-ud-Din, Advocate General (N.W.F.P.) instructed by Amirzada Khan, Advocate-on-Record for the State
|
| Petitioners |
MUQADDAR SHAH
|
| Respondents |
THE STATE
|
| Citations |
1974 SLD 163 = 1974 SCMR 242
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
307
|