| Case ID |
e1462fd3-03d5-499b-ac30-02539854ae19 |
| Body |
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| Case Number |
Criminal Appeal No. 54 of 1976 |
| Decision Date |
Feb 02, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan overturned the acquittal of Niamat Ali, finding sufficient motive and evidence to convict him for the murder of Din Muhammad. The court emphasized that the exchange of abuses between the parties constituted a motive for the attack. The dying declaration of the deceased was deemed a strong piece of evidence. The court also noted the inadequacy of the trial judge's findings and concluded that the acquittal resulted in a miscarriage of justice. Consequently, Niamat Ali was sentenced to life imprisonment and fined Rs. 3,000, with additional penalties for non-payment. |
| Summary |
This case involves the Supreme Court of Pakistan's judgment on Criminal Appeal No. 54 of 1976, addressing the conviction of Niamat Ali for the murder of Din Muhammad. The court analyzed the motive behind the crime, noting an exchange of insults between the parties, which was significant in establishing intent. The dying declaration of the victim was highlighted as a critical piece of evidence, affirming the conviction despite the initial acquittal by the lower court. This case underscores the importance of eyewitness testimony and the evaluation of evidence in criminal proceedings, particularly in murder cases where motive plays a pivotal role. Legal professionals should note the implications of this ruling for future cases involving similar circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
DORAB PATEL,
MUHAMMAD AFZAL ZULLAH, J.
|
| Lawyers |
Rafiq Ahmad Chauhan,
Masood Akhtar,
Riaz Ahmad
|
| Petitioners |
NIAMAT ALI
|
| Respondents |
THE STATE
|
| Citations |
1981 SLD 154,
1981 SCMR 61
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Evidence Act (I of 1872)
|
| Sections |
302,
32,
32
|