Murder Appeal
Murder Appeal legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
S. 302-Murder appeal - Appreciation of evidence-First information report promptly lodged and no infirmity found in statement of victim's father showing attempt at false implication of any one of two accused-Duration of injuries on person of deceased suggestive of injuries having been contemporaneous with time of occurrence Nothing in statement of Doctor indicating principal eye-witness having not suffered injuries in a scuffle attempting to snatch sharp-edged weapon from accused-Acquitted accused having been extended only benefit of doubt, such acquittal could not show principal eye-witness having falsely implicated appellant-Prosecution witness having no enmity against accused to falsely implicate him nor motive suggested from prosecution side such as would render complainant into such an interested witness as to substitute real culprit for appellant-Courts, below, held, rightly found appellant guilty of murder.
S. 302-Murder appeal Reasons given by lower Court for believing evidence of prosecution witness-Insubstantial and irrelevant-Conclusion reached by lower Court without considering all relevant circumstances affecting credibility of witness-Material brought on record by defence showing witness being not free from influence of deceased's family
Not taken into consideration by lower Court-Evidence neither in quantity nor in quality adequate to support conviction-Finding of lower Court in circumstances, held, could be legitimately interfered with by Supreme Court-Evidence being extremely unsatisfactory, conflicting, and contradictory, held, did not establish appellant's guilt beyond reasonable doubt-Appeal allowed and accused acquitted
"Murder Appeal", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15197
Precedents & Case Laws citing "Murder Appeal"
1986 S C R4 R 78(1)
SHAHID ALI KHAN‑‑Appellant Versus MUHAMMAD NAWAZ and others‑‑Respondents
Court: High CourtP L D 1981 Lahore 225
NIAMAT AND 3 OTHER‑ — Appellants Versus THE STATE‑‑Respondent
Court: S. 302 read with Criminal Procedure (V of 1898), S. 410‑Appeal (criminal)‑Murder‑Evidence, appreciation of‑Mitigation‑Accused side having no locus standi to‑ obtain possession of disputed land from deceased, being in his actual physical possession‑Deceased and his partisans coming unarmed and none on accused‑side even suffering a bruise‑Accused, however, coming out of house only on call of his elders ‑ Conviction maintained ‑ Lesser penalty awarded by trial Court, held, calls for reference and upheld, in circumstances,‑ Sentence.1990 S C M R 1391
LIAQUAT ALI FANI and another‑‑Petitioner Versus THE STATE‑-‑Respondent
Court: High Court2017 S C M R 898
MUHAMMAD ISMAIL and others — Appellants Versus The STATE — Respondent
Court: Supreme Court of Pakistan1993 S C M R 891
THE STATE‑‑‑Appellant Versus JAMIL‑UZ‑ZAMAN and another‑‑‑Respondents
Court: Supreme Appellate Court1985 S C M R 893
NOOR HUSSAIN‑‑Petitioner Versus MUHAMMAD SALIM‑‑Respondent
Court: High Court1969 P Cr
ALI AKBAR‑Appellant Versus THE STATE‑Respondent
Court: Karachi1973 S C M R 532
FAQIRA‑Appellant Versus THE STATE‑Respondent
Court: High Court1983 S C M R 1019
DILDAR-Petitioner Versus THE STATE-Respondent
Court: High Court2017 S C M R 662
ABID ALI — Appellant Versus The STATE — Respondent
Court: Supreme Court of Pakistan