| Case ID |
37eddfd0-fc15-4fc4-9bf1-f63b07420d72 |
| Body |
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| Case Number |
Criminal Appeals Nos, 20-P and 21-P of 1980 |
| Decision Date |
Nov 08, 1983 |
| Hearing Date |
Nov 08, 1983 |
| Decision |
The Supreme Court upheld the convictions of the appellants for the murder of Mst. Khursheed Begum, affirming the trial court's decision based on ocular testimony corroborated by the recovery of a pistol and additional circumstantial evidence. The court found that the presence of the eyewitness, Mst. Bahadur Jana, who was living in the same house as the deceased, was credible and her testimony was supported by the evidence of motive and the abscondence of the accused. The court dismissed the appeals, maintaining the life imprisonment sentences imposed by the trial court. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the appeal of two men, Syed Ali Shah and Tor Ali Shah, convicted of the murder of Mst. Khursheed Begum. The case hinged on the reliability of eyewitness accounts and the corroborating evidence that included the recovery of a weapon linked to the crime. The court emphasized the importance of ocular testimony from Mst. Bahadur Jana, who witnessed the incident, as she was present in the house during the crime. The court found her testimony compelling, given her close relationship with the deceased, and noted that her account was consistent with other evidence presented at trial. The motive for the murder was rooted in property disputes, adding a layer of complexity to the case. The court's ruling reinforced the principle that eyewitness testimony, when corroborated by physical evidence, can be sufficient for conviction in serious criminal cases. This case is pivotal in understanding legal standards regarding evidence and the judicial assessment of witness credibility, particularly in murder trials. Keywords: murder conviction, eyewitness testimony, corroborating evidence, property dispute, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA, J.
|
| Lawyers |
Kh. Muhammad Khan, Advocate Supreme Court,
S. Safdar Hussain, Advocate-on-Record,
Basharatullah Khan, Assistant Advocate-General, N.-W. F. P.,
Nur Ahmed Khan, Advocate-on-Record
|
| Petitioners |
Syed ALI SHAH,
Tor Ali Shah
|
| Respondents |
THE STATE
|
| Citations |
1984 SLD 443,
1984 SCMR 241
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185(3),
S. 302
|