| Case ID |
094ec7f8-5a27-403b-9588-e83cfcad0b6d |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Feb 18, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to the petitioner, Muhammad Zubair, on the question of sentence alone. The petitioner had been convicted and sentenced to death under section 302 of the Pakistan Penal Code for causing the death of Dost Muhammad. The court noted that the motive for the occurrence was not established, as the prosecution failed to produce any witness with personal knowledge of the alleged assault that served as the motive for the shooting. The court considered the arguments regarding the imposition of capital punishment and acknowledged the need for further consideration of the petitioner's circumstances. |
| Summary |
The case revolves around Muhammad Zubair, who was convicted of murder under section 302 of the Pakistan Penal Code following an incident where he shot Dost Muhammad. The Supreme Court of Pakistan reviewed the case after the Lahore High Court upheld the conviction and death sentence. The primary contention was the lack of established motive as the prosecution did not provide eyewitness testimony regarding an earlier incident where the deceased allegedly assaulted the petitioner. The court's decision to grant leave to appeal focused on the question of the sentence, emphasizing the importance of establishing a clear motive in capital cases. This case highlights critical issues related to due process, evidentiary standards, and the application of the death penalty in Pakistan's legal context. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
S.A. Nusrat,
Saad Saood Jan
|
| Lawyers |
Asghar Ali,
Mehdi Khan Mehtab
|
| Petitioners |
Muhammad Zubair
|
| Respondents |
The State
|
| Citations |
1987 SLD 1606,
1987 SCMR 790
|
| Other Citations |
Mukhtar Ahmad v. Muhammad Ilyas 1986 SCMR 634,
Mati-ur-Rehman v. State 1985 SCMR 489,
Muhammad Iqbal v. State 1984 SCMR 1184
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302,
185(3)
|