| Case ID |
37f64f75-7bfa-4ef5-97f8-26c8b8ac8883 |
| Body |
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| Case Number |
Criminal Appeals Nos. 65 to 67 of 2001 |
| Decision Date |
Oct 31, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal of Iqbal alias Ladla, set aside the acquittal by the High Court and restored the life imprisonment sentence imposed by the Trial Court. The Court found the ocular evidence to be convincing and reliable, supported by medical evidence, and concluded that the acquittal by the High Court was based on conjectures and surmises. The decision emphasized the importance of credible eyewitness accounts and the necessity for justice where the original conviction was deemed correct. |
| Summary |
This case revolves around the tragic incident that occurred on 6-9-1990, involving a dispute over illegal construction, leading to the murder of Mehtabuddin. The complainant, Ihtshamuddin, reported that Mushtaq Choopa and his associates confronted him while demolishing his shop. The altercation escalated to violence, resulting in the death of Mehtabuddin, who was shot by Iqbal Ladla using a repeater gun. The trial court convicted the accused based on solid eyewitness testimony and medical evidence. However, the High Court acquitted the accused, prompting the Supreme Court to re-evaluate the evidence. The Supreme Court noted the strong reliability of the eyewitness accounts and the immediate medical response, indicating a clear narrative of the events leading to the murder. The Court restored the original conviction, emphasizing the need for justice and the integrity of the judicial process. This case highlights crucial elements of criminal law, including the significance of corroborative evidence and the role of eyewitnesses in establishing the facts of a case. The decision serves as a reminder of the judicial system's commitment to rectifying miscarriages of justice and upholding the rule of law. Keywords: Supreme Court, criminal law, evidence, murder, eyewitness testimony, justice, acquittal, conviction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Mehtabuddin
|
| Judges |
SYED DEEDAR HUSSAIN SHAH
|
| Lawyers |
Zultiqar Ahmad Bhatti,
Abdur Rahim Kazi,
A.A. Siddiqui
|
| Petitioners |
Ihtshamuddin
|
| Respondents |
THE STATE,
Mushtaq Choopa,
Iqbal Ladla,
Mehtab alias Mmoon Kathiawari,
Yameen
|
| Citations |
2002 SLD 1138,
2002 SCMR 269
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
185(3)
|