| Case ID |
d34a495c-6f8e-40ea-a3e6-002ca02d1559 |
| Body |
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| Case Number |
Criminal Petitions Nos. 260, 261 and 267 of 1986 |
| Decision Date |
Jan 11, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions challenging the convictions and acquittals made by the Lahore High Court. The court upheld the principle that each accused must be held accountable for their individual actions, particularly when the element of common intention is not established. In this case, it was determined that the actions of the accused were not premeditated, and thus the convictions were scrutinized individually. Muhammad Rafiq was confirmed to have caused the death of Muhammad Ashraf, while Muhammad Saeed was found guilty of causing injuries to Muhammad Riaz. Atta Muhammad was acquitted for lack of evidence linking him to the commission of any crime. The court emphasized the importance of reliable eyewitness testimony and the necessity of corroborative evidence in criminal proceedings. |
| Summary |
The case revolves around the criminal petitions filed against the Lahore High Court's decision regarding a murder and attempted murder incident. The Supreme Court examined the culpability of the accused based on the facts presented during the trial, focusing on the lack of common intention among the assailants. It highlighted the principle that each individual is responsible for their own actions in criminal law, particularly when the prosecution fails to demonstrate a shared intent. The Supreme Court's ruling reinforces the legal standard for establishing vicarious liability in criminal cases, which requires clear evidence of a common plan or agreement among co-accused. This case serves as a significant reference point for legal practitioners in understanding the nuances of criminal liability and the importance of credible eyewitness accounts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
JAVID IQBAL
|
| Lawyers |
Sh. Masood Akhtar, Advocate-on-Record for Petitioner,
Faiz Muhammad Bhatti, Advocate Supreme Court for Respondent (in Criminal Petition No. 260 of 1986),
Rao Muhammad Yousuf Khan, Advocate-on-Record (absent) for the State,
Nemo for Respondent (in Criminal Petition No. 261 of 1986),
Ijaz Hussain Batalvi, Senior Advocate Supreme Court,
M.A. Zafar, Advocate Supreme Court instructed by M. Aslam Chaudhry, Advocate-on-Record for Petitioner (in Criminal Petition No. 267 of 1986)
|
| Petitioners |
GHULAM MUHAMMAD
|
| Respondents |
another,
ATA MUHAMMAD
|
| Citations |
1987 SLD 362,
1987 SCMR 449
|
| Other Citations |
Mst. Nasim Akhtar v. The State P L D 1968 Lah. 841
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185(3),
302,
307,
34
|