| Case ID |
386f61d1-27ea-45a9-bd6d-a8802ba3c571 |
| Body |
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| Case Number |
Criminal Appeal No. 10 of 1965 |
| Decision Date |
Mar 27, 1967 |
| Hearing Date |
|
| Decision |
The Sindh High Court accepted the appeal of the appellant, Haji, who had been sentenced to transportation for life for the murder of Muharram. The court found that the prosecution had not proven its case beyond a reasonable doubt. The evidence presented, particularly the testimonies of the eye-witnesses who were closely related to the deceased, lacked credibility. The recovery of the pistol was deemed unreliable as it was not sealed at the time of recovery and there was a significant delay in sending it for ballistic examination. Consequently, the court granted the appellant the benefit of the doubt and acquitted him of the charges. |
| Summary |
In the case of Haji vs. The State, the Sindh High Court examined the conviction of Haji for the murder of Muharram. The incident occurred on May 15, 1964, where it was alleged that Haji shot Muharram due to a personal dispute involving his daughter-in-law. The case hinged on the credibility of witness testimonies and the recovery of the murder weapon. The court emphasized the importance of corroborative evidence and found the prosecution's case insufficient, leading to the acceptance of the appeal and the acquittal of Haji. This case highlights key legal principles surrounding the burden of proof and the significance of reliable evidence in criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED, J
|
| Lawyers |
Not available
|
| Petitioners |
Haji
|
| Respondents |
The State
|
| Citations |
1968 SLD 372,
1968 PCRLJ 588
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302,
19-E
|