| Case ID |
3ba8f50b-88dc-4433-b8cd-2a0928b12ef8 |
| Body |
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| Case Number |
Criminal Appeal No. 68 of 1978 |
| Decision Date |
Jan 23, 1979 |
| Hearing Date |
Jan 09, 1979 |
| Decision |
The court upheld the conviction of Azeem Khan, sentencing him to death under section 302 for the murder of Wakeel Khan. The evidence presented was deemed sufficient, with no delays in reporting the incident, corroborated by eyewitness accounts. The prosecution established that the accused had a motive stemming from a prior altercation involving the deceased's family, which was further supported by the testimonies of multiple eyewitnesses who were present at the crime scene. The court noted that variations in witness statements regarding their positions were not material to the case, and the evidence provided was reliable despite the relationships of the witnesses to the deceased. The decision reinforced the principle that even without independent corroboration, testimonies from interested witnesses can be sufficient for conviction if credible. |
| Summary |
In the case of Azeem Khan v. The State, the Peshawar High Court dealt with a serious murder charge under section 302 of the Penal Code. The court examined the credibility of eyewitness testimonies and the circumstances surrounding the murder of Wakeel Khan by Azeem Khan. Key points included the absence of delay in reporting the incident and the reliability of the eyewitnesses, despite their familial ties to the victim. The court emphasized that motive, while essential, does not need to be proven if other reliable evidence substantiates the case. The judgment reinforced the legal standards for evaluating eyewitness accounts and the admissibility of evidence in murder trials. The case highlights the importance of comprehensive legal representation and the nuances of criminal law in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAKEEM KHAN, C.J.,
MIAN BURHAUDDIN KHAN, J
|
| Lawyers |
S. Masoom Shah,
S. Akhtar Munir Khan, A.A.G.
|
| Petitioners |
AZEEM KHAN
|
| Respondents |
THE STATE
|
| Citations |
1979 SLD 110,
1979 PLC 36
|
| Other Citations |
Niaz v. The State P L D 1960 S C 387,
Rahim Bakhsh v. Muhammad Iqbal and others 1976 S C M R 528,
Taj Muhammad v. Muhammad Yusuf of and 2 others P L D 1976 S C 234,
Siraj Din v. Kala and another; P L D 1964 S C 26,
Roshan and 4 others v. The State P L D 1977 S C 557,
Shihab Din v. The State P L D 1964 S C 177
|
| Laws Involved |
Penal Code (XLV of 1860),
Evidence Act (I of 1872)
|
| Sections |
302,
8
|