| Case ID |
3aa94bf8-bdee-48c4-babb-401547d918e3 |
| Body |
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| Case Number |
Criminal Petition No. 572 of 1980 |
| Decision Date |
Mar 08, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the conviction of the petitioner for the murder of Azizullah Khan. The petitioner was found guilty under section 302 of the Pakistan Penal Code and sentenced to imprisonment for life by the Sessions Judge, Mianwali. The High Court rejected the petitioner's appeal, finding that the evidence presented, including ocular testimonies from relatives of the deceased, was credible despite the petitioner's claims of false implication due to enmity. The Court held that the question of believing or disbelieving evidence is a matter of fact and found no violation of law in the assessment of evidence by the lower courts. |
| Summary |
This case involves the Supreme Court of Pakistan's decision regarding criminal appeal No. 572 of 1980, where the petitioner, Maqbool Ahmad, was convicted for the murder of Azizullah Khan, sentenced to life imprisonment. The incident occurred on March 30, 1968, and was motivated by a previous altercation involving the petitioner's uncle. The Court analyzed the evidence, primarily the ocular testimonies of the deceased's relatives, which were deemed reliable despite the petitioner's claims of false implication. The decision emphasizes the principle that the credibility of witness testimony is a factual matter for the courts to determine. The ruling reinforces the importance of thorough legal representation and the role of evidence in criminal proceedings. Keywords: Supreme Court of Pakistan, Criminal Law, Section 302, Murder Conviction, Eyewitness Testimony, Legal Precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M. S. H. QURAISHI
|
| Lawyers |
Allah Wasaya, Advocate Supreme Court,
Muhammad Aslam Chaudhnry, Advocate on-Record
|
| Petitioners |
MAQBOOL AHMAD
|
| Respondents |
THE STATE
|
| Citations |
1983 SLD 226,
1983 SCMR 1034
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185 (3),
S. 302
|