| Case ID |
f8080ba3-206f-4f92-ac5a-89f506c48110 |
| Body |
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| Case Number |
Criminal Jail Review Petition No. 4-R of 1983 |
| Decision Date |
Dec 10, 1984 |
| Hearing Date |
Dec 10, 1984 |
| Decision |
The Supreme Court dismissed the review petition in the case of Sher Ali, where the petitioner was sentenced to death for the murder of Fazal-ur-Rahman. The court upheld the finding that Sher Ali had effectively fired at the deceased, distinguishing his case from that of another co-accused whose death sentence was altered to life imprisonment. The court condoned a delay of 61 days in filing the petition due to the serious nature of the death sentence involved. The review petition was found to lack merit based on the evidence presented, including eyewitness accounts. |
| Summary |
This case involves a review petition filed by Sher Ali against a previous judgment of the Supreme Court of Pakistan, where he was sentenced to death for the murder of Fazal-ur-Rahman. The Supreme Court reviewed the findings of the initial trial, where it was established that Sher Ali had directly fired at the deceased, leading to the upholding of his death sentence. The court acknowledged the delay in filing the review petition due to the gravity of the case but ultimately found no grounds for overturning the original decision. The ruling emphasizes the importance of eyewitness testimony in establishing accountability in murder cases, highlighting the legal standards applied in criminal proceedings in Pakistan. Keywords: Supreme Court of Pakistan, review petition, murder, eyewitness testimony, legal proceedings, criminal law, death sentence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
SHAFIUR RAHMAN,
M. S. H. QURAISHI,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Agha Aziz Ahmad Khan,
Bashirullah Khan
|
| Petitioners |
SHER ALI
|
| Respondents |
THE STATE
|
| Citations |
1984 SLD 656,
1984 SCMR 815
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Supreme Court Rules, 1980,
Penal Code (XLV of 1860)
|
| Sections |
188,
O. XXVI,
302/34,
307/34
|