| Case ID |
439dc7c8-9479-42a5-91be-067183061f7c |
| Body |
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| Case Number |
Criminal Appeal No.81 of 2001 |
| Decision Date |
Oct 29, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal and set aside the impugned judgment of the Lahore High Court, restoring the trial court's judgment. The court emphasized that the FIR was recorded promptly with specific roles assigned to the respondents, and the evidence presented was compelling. The court found that the High Court erred in dismissing the case based on conjectures and surmises. The court ordered the respondents to be taken into custody to serve the sentences imposed by the trial court. |
| Summary |
In the case of Criminal Appeal No. 81 of 2001, the Supreme Court of Pakistan examined the validity of the Lahore High Court's judgment that acquitted Imtiaz Ali Khan and Mumtaz Khan of murder charges under Penal Code Section 302/34. The Supreme Court noted that the FIR was lodged promptly, with specific roles attributed to the accused. The prosecution successfully established a compelling ocular account supported by medical evidence and the recovery of weapon empties from the crime scene. The court criticized the High Court for relying on conjectures and failing to appreciate the evidence correctly. This ruling underscores the importance of prompt FIR recording and the credibility of eyewitness testimonies in criminal proceedings, reinforcing the legal standards necessary for a conviction in murder cases. The case highlights current legal principles surrounding evidence evaluation in Pakistan, making it a significant reference for future criminal appeals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMAD,
SYED DEEDAR HUSSAIN SHAH,
TANVIR AHMED KHAN
|
| Lawyers |
Sardar Muhammad Ishaque, Advocate Supreme Court for Appellant,
Malik Rab Nawaz Noon, Advocate Supreme Court with M.S. Khattak, Advocate on-Record for Respondents Nos. 1 and 2,
Arshad Ali, Advocate Supreme Court for the State
|
| Petitioners |
KHIZAR HAYAT
|
| Respondents |
IMTIAZ ALI KHAN,
Mumtaz Khan
|
| Citations |
2004 SLD 1037,
2004 SCMR 845
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302/34
|