| Case ID |
dfabb86b-4589-4e97-bb06-9c29234609ff |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Sep 18, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by the petitioners, UMERZAD and others, against the decision of the High Court. The Court upheld the conviction of the petitioners under section 302/34 of the Penal Code for the murder of Badiuz-Zaman and Zar Khan, determining that the prosecution had established its case successfully. The evidence provided by the eye-witnesses, despite their relationship to the deceased, was corroborated by recoveries and medical evidence. The Court found no substantial misreading or misappraisal of evidence by the High Court that would result in a miscarriage of justice. The arguments presented by the counsel for the petitioners were deemed to carry no weight, leading to the conclusion that the petitioners were rightly convicted and the judgment of the High Court was affirmed. |
| Summary |
This case involves a criminal petition for special leave to appeal concerning the conviction of UMERZAD and others for the murder of two individuals, Badiuz-Zaman and Zar Khan, under sections 302 and 34 of the Penal Code. The incident occurred on December 29, 1971, and following a series of trials, the petitioners were convicted by the Sessions Judge and later by the High Court. The evidence presented by eye-witnesses was critical in establishing the guilt of the petitioners, despite their challenges regarding the credibility of these witnesses based on familial ties to the deceased. The Supreme Court ultimately found that the prosecution had met its burden of proof and upheld the previous rulings, dismissing the petitioners' appeal. This case highlights the importance of corroborative evidence in criminal proceedings and the scrutiny applied by higher courts in reviewing lower court decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Badiuz-Zaman,
Zar Khan,
Arab Khan,
Afsar Ali
|
| Judges |
NASIM HASAN SHAH,
S. USMAN ALI SHAH
|
| Lawyers |
Abdul Hakeem Khan, Senior Advocate Supreme Court,
Manzoor Ilahi, Advocate-on-Record
|
| Petitioners |
UMERZAD,
Zangobar,
Aurangzeb
|
| Respondents |
THE STATE
|
| Citations |
1990 SLD 697,
1990 SCMR 571
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
34,
185(3)
|