Legal Case Summary

Case Details
Case ID 466cc337-f1eb-4087-be7f-51a7c622a31e
Body View case body.
Case Number Criminal Appeal No. 323 of 1995
Decision Date Apr 05, 2004
Hearing Date Mar 18, 2004
Decision The Supreme Court of Pakistan allowed the appeal filed by Dildar Hussain against the acquittal of respondents by the Lahore High Court. The Court restored the conviction of Yahya Bakhtiar under Section 302/34 of the Pakistan Penal Code, sentencing him to imprisonment for life and imposing a fine. The decision emphasized the importance of ocular evidence and the reliability of eyewitnesses, particularly in cases where medical evidence corroborates the testimony. The Court noted that the High Court had ignored significant evidence, leading to a miscarriage of justice. The perpetual non-bailable warrants were issued against the other respondents, who remained at large.
Summary This case revolves around the appeal against the acquittal of several individuals charged with the murder of Akhtar Mahmood. The Supreme Court of Pakistan deliberated on the reliability of eyewitness testimony in criminal cases and the implications of the Penal Code. The case highlighted the necessity for courts to evaluate the quality of evidence rather than its quantity. The Court reinstated the conviction of one respondent based on credible eyewitness accounts while addressing the challenges of proving intent and motive in murder cases. Key legal principles regarding the appreciation of evidence, especially the role of medical evidence and witness credibility, were discussed. This case serves as a precedent in understanding the judicial approach to murder convictions in Pakistan, emphasizing the role of eyewitnesses and the importance of thorough judicial scrutiny.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges IFTIKHAR MUHAMMAD CHAUDHARY, RANA BHAGWANDAS, SARDAR MUHAMMAD RAZA KHAN
Lawyers M. Bilal, Senior Advocate Supreme Court, Ch. Muhammad Akram, Advocate-on-Record, Malik Rabnawaz Noon, Senior Advocate Supreme Court, Muhammad Zaman Bhatti, Advocate Supreme Court
Petitioners DILDAR HUSSAIN
Respondents RIASAT ALI, KHIZAR HAYAT, DILAWAR, MUHAMMAD AFZAAL alias CHALA, YAHYA BAKHTIAR, RAHAM DAD
Citations 2004 SLD 2872, 2004 PLD 663
Other Citations The State v. Muhammad Sharif and 3 others 1995 SCMR 635, Mahmood Ahmed v. The State 1995 SCMR 127, Muhammad Sharif v. The State 1997 SCMR 866, Allah Bakhsh v. Shammi PLD 1980 SC 225, Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11
Laws Involved Penal Code (XLV of 1860), Constitution of Pakistan (1973)
Sections 302/34, Art.185(3)