| Case ID |
166942f6-edc7-4f23-a6a8-ce72ce52e59b |
| Body |
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| Case Number |
Criminal Appeal No. 90 of 1975 |
| Decision Date |
Nov 26, 1980 |
| Hearing Date |
Sep 28, 1980 |
| Decision |
The Supreme Court of Pakistan overturned the acquittal of Zafar Iqbal by the Lahore High Court and restored the conviction and death sentence imposed by the trial court. The court found that the testimonies of the eyewitnesses, particularly Mst. Bivi, were credible and corroborated by the circumstances surrounding the incident. The court emphasized that the motive for the crime was established and that the prosecution's evidence was sufficient to condemn the respondent. The decision highlighted the importance of eyewitness accounts in criminal cases and the need for courts to carefully evaluate such testimonies in light of the facts presented. |
| Summary |
In the case of Mst. Habib-un-Nisa alias Mst. Bivi vs. Zafar Iqbal, the Supreme Court of Pakistan dealt with a criminal appeal concerning the murder of Mir Muhammad, the husband of the appellant. The incident occurred during the night of November 8-9, 1971, when Mir Muhammad was shot by the respondent after answering a knock at their door. The court analyzed the testimonies of several witnesses, including the widow and an independent witness who saw the accused fleeing the scene with a firearm. The court found that the evidence presented by the prosecution was compelling, and the motives behind the crime were adequately established, leading to the reinstatement of the initial conviction. This case illustrates the critical role of eyewitness testimony in establishing guilt in serious criminal matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG., C.J.,
ASLAM RIAZ HUSSAIN,
ABDUL KADIR SHAIKH
|
| Lawyers |
Muhammad Yasin Wattoo,
Sardar M. Ishaq,
M. B. Zaman,
Ch. Akhtar Ali,
Rashid Aziz
|
| Petitioners |
Mst. HABIBUNNISA alias Mst. BIVI
|
| Respondents |
another,
ZAFAR IQBAL
|
| Citations |
1981 SLD 161,
1981 SCMR 95
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
457
|