| Case ID |
e1ba4c50-29c2-44ae-8434-6949fe6cf504 |
| Body |
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| Case Number |
Criminal Appeal No. 219 of 2001 |
| Decision Date |
May 02, 2002 |
| Hearing Date |
Mar 11, 2002 |
| Decision |
The Supreme Court of Pakistan upheld the convictions of Shera Masih and Arshad Masih for their involvement in the murder of Mansha Masih and the injuries inflicted on others. The Court found that the evidence, including eyewitness accounts and medical reports, confirmed the involvement of the accused. However, it noted that the death sentence for Shera Masih was excessive given that his injury was not individually fatal and reduced his sentence to life imprisonment. The Court emphasized the importance of corroborative evidence in criminal trials and clarified that the principle of 'falsus in uno, falsus in omnibus' does not apply universally, allowing for the assessment of each accused's individual responsibility based on the evidence presented. |
| Summary |
In the case of Shera Masih and Arshad Masih vs. The State, the Supreme Court of Pakistan addressed critical issues regarding the assessment of evidence in criminal law. The case revolved around the murder of Mansha Masih and the injuries to others that occurred during a violent altercation. The Court emphasized the necessity of corroborative evidence, particularly in light of conflicting testimonies. It confirmed the convictions but reduced the death sentence of Shera Masih to life imprisonment, highlighting the legal principles surrounding self-defense and the evaluation of witness credibility. The ruling reinforced the judicial standards for evidence in criminal proceedings, ensuring that justice is served while maintaining adherence to legal norms. This case is significant for its implications on the interpretation of penal codes and the rights of the accused within the framework of Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
TANVIR AHMED KHAN,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
K.M.A. Samdani, Advocate Supreme Court,
Walayat Umar, Advocate-on-Record,
Ainul Haq Malik, Advocate Supreme Court
|
| Petitioners |
SHERA MASIH,
ARSHAD MASIH alias PAPU MASIH
|
| Respondents |
THE STATE
|
| Citations |
2002 SLD 2508,
2002 PLD 643
|
| Other Citations |
State v. Mushtaq Ahmed PLD 1973 SC 418,
Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11,
Sardar Khan v. State 1998 SCMR 1823,
Nazeer Ahmad v. State 1998 SCMR 1768,
Piyaro v. State 1998 SCMR 1749,
Ahmad Khan v. Nazir Ahmad 1991 SCMR 803,
Tawaib Khan v. Abdus Samad v. State 1973 SCMR 21,
Muhammad Nawaz v. State 1969 SCMR 132
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302(a),
302(b),
324,
337-F(iii),
185(3)
|