| Case ID |
41249826-b7f1-4c49-bce4-e638980fd543 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 409 and |
| Decision Date |
Jul 11, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed both the Criminal Petition for Leave to Appeal and the Jail Petition for Leave to Appeal. The Court found that the Lahore High Court's judgment, which acquitted three of the accused and maintained the conviction of Sher Mohammad, did not require any interference. The arguments presented by the petitioner's counsel were considered but did not convince the Court to alter the findings of the appellate court. The evidence presented by the prosecution was deemed insufficient to warrant a change in the convictions or sentences. Thus, the appeals were dismissed, affirming the decisions of the lower courts. |
| Summary |
In the case of Ghulam Ahmad vs. The State, the Supreme Court of Pakistan dealt with a complex matter involving the Penal Code, specifically section 302/34, concerning the murder of Atta Mohammad. The case revolved around the acquittal of three accused and the conviction of Sher Mohammad by the Lahore High Court. The prosecution's motives were discredited as far-fetched, while the ocular testimonies were central to the proceedings. The Supreme Court ultimately upheld the lower court's decision, emphasizing the integrity of the judicial process and the necessity of credible evidence. This case highlights critical issues in criminal law, including the burden of proof, the evaluation of witness testimony, and the standards for overturning lower court rulings. Legal practitioners and scholars may find this case particularly relevant in discussions of appeal processes and judicial discretion in criminal matters. Keywords such as 'criminal law', 'murder conviction', 'Supreme Court rulings', and 'evidence assessment' are pivotal for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASSAN SHAH,
JAVID IQBAL,
SAAD SAOOD JAN
|
| Lawyers |
M.A. Zafar, Advocate Supreme Court,
Muhammad Aslam Choudhry, Advocate-on-Record,
Faiz Muhammad Bhatti, Advocate Supreme Court
|
| Petitioners |
GHULAM AHMAD
|
| Respondents |
THE STATE
|
| Citations |
1987 SLD 765,
1987 SCMR 1919
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302/34,
Art. 185(3)
|