| Case ID |
f916763c-61a8-4899-a0dd-0d3e9052e982 |
| Body |
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| Case Number |
Criminal Appeal No. 38 of 1977 |
| Decision Date |
Jul 09, 1977 |
| Hearing Date |
May 30, 1977 |
| Decision |
The Supreme Court of Pakistan upheld the convictions and sentences of the appellants for the murder of Usman and Sher Muhammad. The evidence presented included ocular testimony, blood-stained earth recovered from the crime scene, and the abscondence of the accused. The court concluded that the prosecution had established a clear case against the appellants, despite the absence of the victim's body. The court dismissed the appeal, affirming the death sentences for the accused involved in the case, citing the motive rooted in family honour as a significant factor in the decision. |
| Summary |
In the case of Allah Dad and others vs. The State, the Supreme Court of Pakistan dealt with a complex murder case involving multiple accused. The court examined the evidence, including the absence of the victim's body, which was not found despite the investigation efforts. The court emphasized the importance of ocular testimony and the recovered blood-stained earth as critical evidence. The judgment highlighted the legal principles surrounding murder under the Pakistan Penal Code, especially in cases related to family honour. The court's decision underscored the evidentiary value of abscondence, which was used to corroborate the prosecution's case against the accused. The ruling also referenced previous case law to reinforce its conclusions. This case serves as a significant precedent in criminal law, particularly in the context of evidence evaluation and the implications of family honour in sentencing. Key legal terms include murder, abscondence, ocular evidence, and family honour, which are relevant for legal practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ,
DORAB PATEL,
MUHAMMAD HALEEM
|
| Lawyers |
M. B. Zaman,
M. Dhaq,
Maqbool Ahmad Rana,
Riaz Ahmed Sheikh
|
| Petitioners |
Usman,
Muhammad Ramzan,
ALLAH DAD,
Atta Muhammad,
Ghulam Muhammad,
Dost Muhammad,
Muhammad Khan,
Yar Muhammad,
Sher Khan,
Mlam,
Afzal
|
| Respondents |
THE STATE
|
| Citations |
1978 SLD 3,
1978 PLD 1
|
| Other Citations |
Muhammad Ismail v. Khushi Muhammad P L D 1974 S C 37,
Aminul Haq v. The Crown P L D 1962 F C 62,
Munawar Ahmad v. The State P L D 1956 S C (Pak.) 306,
Din Muhammad v. The State 1969 S C M R 777,
Abdul Wahab v. The Crown P L D 1955 F C 88,
Muhammad Sonafar Ali v. The State 1969 S C M R 461,
Aminullah v. The State P L D 1976 S C 629,
Machhia and 2 others v. The State P L D 1976 S C 695,
Mehr Khan v. State P L D 1977 S C 41,
Gul Hassan and others v. State P L D 1969 S C 89,
Muhammad Bashir alias Shikra v. The State 1970 S C M R 351
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Evidence Act (1 of 1872),
Pakistan Penal Code, 1860
|
| Sections |
342,
8,
87,
88,
302
|