Case ID |
398f77c0-571f-4ff4-845e-9b127720b668 |
Body |
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Case Number |
Petition for Leave to Appeal No. 148 of 1987 |
Decision Date |
Nov 10, 1987 |
Hearing Date |
Nov 10, 1987 |
Decision |
The Supreme Court dismissed the petition for leave to appeal filed by Nasrullah Khan, who was convicted under section 302 of the Pakistan Penal Code and sentenced to death, later altered to life imprisonment by the appellate court. The court found that the conviction was based on the ocular testimony of two eyewitnesses, and there were no legal points raised that warranted the reappraisal of evidence. The arguments presented by the learned counsel for the petitioner were considered but ultimately did not justify granting leave to appeal. |
Summary |
In the case of Nasrullah Khan v. The State, the Supreme Court of Pakistan addressed significant legal issues concerning the conviction under section 302 of the Pakistan Penal Code. The petitioner, Nasrullah Khan, was initially sentenced to death for murder, but this was later commuted to life imprisonment. The court based its decision on the testimony of two eyewitnesses while dismissing claims regarding the reliability of evidence and the absence of proof regarding the petitioner’s alleged absconding. The court emphasized the importance of ocular testimony in murder cases, and the decision reflects on the stringent standards of evidence required in criminal proceedings. This case underscores the complexities of legal interpretations in murder convictions, especially when dealing with eyewitness accounts and the implications of motives rooted in past grievances. Keywords related to criminal law, evidence assessment, and judicial review are essential for understanding the nuances of this case. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
Aslam Riaz Hussain, Justice,
Javid Iqbal, Justice
|
Lawyers |
Raja Mahmood Akhtar, Advocate Supreme Court,
Ch. Mehdi Khan, Advocate-on-Record
|
Petitioners |
Nasrullah Khan
|
Respondents |
The State
|
Citations |
1988 SLD 2926,
1988 SCMR 140
|
Other Citations |
Not available
|
Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
Sections |
302,
185(3)
|