| Case ID |
3b227d31-9b47-4d55-a62f-53bd6341097d |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 256 of 19 |
| Decision Date |
Jan 22, 1976 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal against the Lahore High Court's judgment which had acquitted the accused in a murder case. The court noted that there was a divergence of opinion between the trial court and the High Court regarding the acceptance of evidence, particularly the recovery of crime weapons which were stained with blood. The Supreme Court expressed the need to examine the reasons for this difference to prevent a miscarriage of justice. Consequently, it issued non-bailable warrants against the respondents, indicating that the case required further scrutiny at the appellate level. |
| Summary |
This case revolves around the acquittal of respondents in a murder trial that initially resulted in a conviction by the Sessions Judge. The Supreme Court's decision to grant leave to appeal was prompted by the conflicting views of the trial court and the Lahore High Court regarding the reliability of witness testimonies and the evidence of weapon recovery. This case highlights critical aspects of the criminal justice system, including the evaluation of evidence and the importance of corroboration in establishing guilt. Aspects of customary law and inheritance disputes also play a significant role in the background of the case, adding layers to the legal complexities involved. The decision emphasizes the need for careful judicial examination to uphold justice, particularly in cases where the lives of individuals are at stake. Keywords such as 'murder case appeal', 'Supreme Court of Pakistan', 'evidence evaluation', and 'criminal justice system' are essential for understanding the intricacies of this legal matter. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD GUL,
MUHAMMAD AKRAM,
MUHAMMAD HALEEM
|
| Lawyers |
R. A. Jeremy,
Masood Akhtar,
Waheed ud Din Virk,
Ijaz Ali Sheikh
|
| Petitioners |
MISRI KHAN
|
| Respondents |
Muhammad Ashraf,
KALA KHAN,
respondent No. 2
|
| Citations |
1983 SLD 395 = 1983 SCMR 623
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
Art. 185 (3),
S. 302,
S. 417
|