Legal Case Summary

Case Details
Case ID 7388a195-4672-4c6a-adc4-79c0890d3e40
Body View case body.
Case Number Jail Petition No. 82 of 2001
Decision Date May 08, 2002
Hearing Date
Decision The Supreme Court of Pakistan dismissed the jail petition seeking leave to appeal against the Lahore High Court's judgment. The High Court had dismissed Criminal Appeal No. 75-J of 1996 against the petitioners' convictions for murder under sections 302/324/148 and 149 of the Pakistan Penal Code. The court upheld the findings of the lower courts, noting that the evidence presented by the prosecution was credible and reliable. The testimonies of the eye-witnesses, who were closely related to the deceased, were deemed trustworthy and corroborated by medical evidence. The court stated that the absence of motive does not mitigate the severity of the crime and confirmed the death sentences of the petitioners for their roles in the murders of Muhammad Saghir and Muhammad Shabbir. The decision emphasized the importance of timely reporting of the incident and the immediate investigation that supported the prosecution's case. The petitioners were found guilty based on strong evidence, including the recovery of weapons stained with human blood.
Summary This case revolves around a tragic incident that occurred on January 29, 1995, involving the murder of two brothers, Muhammad Saghir and Muhammad Shabbir, and injuries to two others. The petitioners, Saeed, Waheed, and Khurshid, were convicted and sentenced to death for their involvement in the attacks, which stemmed from a prior dispute over a tape recorder payment. The Supreme Court of Pakistan upheld the convictions, emphasizing the reliability of the eyewitness accounts and the corroborating medical evidence. The case reflects the judicial approach to evaluating evidence in murder cases, particularly regarding the credibility of witnesses related to the victims. It also highlights the implications of motive in criminal cases and the standards of proof required for capital punishment. The decision serves as a critical reference for legal professionals dealing with homicide cases, particularly in understanding the evidentiary thresholds and the role of eyewitness testimony in securing convictions. Keywords: murder case, eyewitness testimony, Pakistan Penal Code, judicial decision, capital punishment, legal precedent.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SH. RIAZ AHMED, C.J., MIAN MUHAMMAD AJMAL, MUHAMMAD NAWAZ ABBASI
Lawyers Sardar M. Siddique Khan, Advocate Supreme Court for Petitioners,
Petitioners WAHEED, KHURSHID, SAEED
Respondents THE STATE
Citations 2003 SLD 946 = 2003 SCMR 747
Other Citations Not available
Laws Involved Pakistan Penal Code, 1860, Constitution of Pakistan, 1973
Sections 302(b), 337F(ii), 337A(i), 337A(ii), 302, 185(3)