| Case ID |
432d0952-c85b-4013-b025-1f5211eaf3a1 |
| Body |
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| Case Number |
Criminal Appeals Nos. 179 and 180 of 1978 |
| Decision Date |
Apr 26, 1983 |
| Hearing Date |
Oct 30, 1982 |
| Decision |
The Supreme Court of Pakistan upheld the convictions of Khushi Muhammad Dogar and Altaf Hussain Baluch for the murder of Abdur Rahman, confirming their death sentences. The court found that the prosecution had sufficiently proven the charges against the appellants beyond a reasonable doubt. The court also addressed various contentions raised by the defense regarding the belated recording of the FIR, the reliability of eyewitnesses, and the circumstances surrounding the murder. Ultimately, the court determined that the evidence presented, including eyewitness accounts and the context of labor disputes, supported the prosecution's case. The court emphasized the importance of witness testimony in establishing the guilt of the accused and found no grounds for interference with the lower courts' judgments. |
| Summary |
This case revolves around the brutal murder of Abdur Rahman, a labor union leader, by a rival faction during a period of intense labor unrest in Pakistan. The Supreme Court of Pakistan, in its ruling on April 26, 1983, addressed the appeals of Khushi Muhammad Dogar and Altaf Hussain Baluch, both convicted of murder under section 302 of the Penal Code. The court examined the evidence, including eyewitness accounts and the context of labor disputes, ultimately upholding the death sentences imposed by the lower courts. Key issues considered included the belated FIR recording, witness credibility, and the motive behind the crime. The court's decision highlights the critical role of eyewitness testimony in securing convictions in murder cases, particularly in politically charged environments. Keywords such as 'labor unrest', 'murder conviction', and 'eyewitness testimony' are central to understanding the case's significance and relevance in legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Abdul Ghafoor,
Abdur Rahman,
Maqbool Hussain
|
| Judges |
Aslam Riaz Hussain, Acting C.J.,
Nasim Hasan Shah,
M. S. H. Quraishi
|
| Lawyers |
Sh. Shaukat Ali,
M. Arif Iqbal Bhatti,
Maqbool Ahmad Rana,
Mian Mahmood Ali Kasurid,
Z. K. Dastgir,
Fazal-i-Hussain,
Tanvir Ahmad Khan,
Mian Nusrat Ullah,
Sh. Ijaz Ali,
Rai Muhammad Anwar,
Muhamrr Aslam Chaudhry
|
| Petitioners |
Khushi Muhammad Dogar,
Altaf Hussain Baluch
|
| Respondents |
The State
|
| Citations |
1983 SLD 425,
1983 SCMR 697
|
| Other Citations |
Muhammad Ali v. The State 1973 P Cr. L J 63,
S. H. Jhabwala and others v. Emperor A I R 1933 All. 690
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Evidence Act (I of 1872)
|
| Sections |
185(3),
302,
265-F,
154,
103,
11
|