| Case ID |
ffcc4de4-ab62-4b4d-b4aa-704dcfe4d5f7 |
| Body |
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| Case Number |
K-35 and K-7 of 1971 |
| Decision Date |
Aug 16, 1971 |
| Hearing Date |
Aug 16, 1971 |
| Decision |
The petitioner, Rustom, was convicted for the murder of Murid and sentenced to death by the Additional Sessions Judge, Larkana. His conviction and sentence were upheld by the Division Bench of the High Court of Sind and Baluchistan at Karachi. The Supreme Court found no grounds for re-examination of the evidence or any miscarriage of justice. The petition along with the jail petition was accordingly dismissed. |
| Summary |
In this case, Rustom was convicted for the murder of Murid, primarily due to a family dispute involving Rustom's uncle Mitho and Murid's sister Mst. Hawa. The Supreme Court of Pakistan upheld the conviction and sentence of death, dismissing the appeal. The case highlights key aspects of criminal appeals and evidence appreciation in Pakistan's legal system. The judgment emphasizes the court's limited role in re-evaluating evidence unless procedural rules were disregarded. The case also discusses the recovery of a hatchet, identified as the murder weapon, and challenges surrounding its identification. The court dismissed the argument that the identification was based on suspicion and upheld the lower court's decision. The judgment is significant in understanding the application of Section 302 of the Penal Code (XLV of 1860) and the role of the Supreme Court in criminal appeals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Mitho,
Murid,
Mst. Hawa,
Gullo Jagirani,
Ilahi Bakhsh,
Faqir Varial,
Mujib,
Adno
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SAJJAD AHMAD, J
|
| Lawyers |
A. H. Pirzada,
Vakil Ahmad Kidwai
|
| Petitioners |
RUSTOM
|
| Respondents |
THE STATE
|
| Citations |
1971 SLD 321,
1971 SCMR 599
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|