| Case ID |
1f0a702a-c19c-4a91-8d1c-8b53c8a19597 |
| Body |
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| Case Number |
Criminal Appeal No.126 of 1978 |
| Decision Date |
Feb 04, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the conviction of the appellant, Zulfiqar, for the murder of Muhammad Yaqoob. The court found that the evidence presented was sufficient and credible. The prosecution's case was supported by the ocular testimony of several witnesses, including those who were related to the deceased. The court noted that discrepancies in witness statements were not material enough to undermine the conviction. The appellant's young age and the belief that the deceased had previously harmed his father were considered, but the court ultimately modified the sentence from imprisonment for life to transportation for life, as the occurrence took place before the Law Reforms Ordinance came into effect. |
| Summary |
In the case of Criminal Appeal No.126 of 1978, the Supreme Court of Pakistan deliberated on the conviction of Zulfiqar for the murder of Muhammad Yaqoob. The incident occurred on Eid-ul-Azha in 1972, with the deceased being ambushed after leaving a mosque. Multiple eyewitnesses testified, with five being closely connected to the deceased, affirming the prosecution's narrative. The court examined the validity of the dying declaration and the FIR, ultimately finding that the evidence substantiated the conviction. Notably, the court recognized that the appellant, at the age of 19, acted under the influence of perceived revenge for a prior grievance. The decision emphasized the importance of thorough evidence evaluation in murder cases, particularly when considering witness credibility and the implications of discrepancies. The court's ruling serves as a critical reference for similar cases involving eyewitness testimony and the influence of familial ties in criminal proceedings. This case highlights the judicial system's role in upholding justice while balancing the complexities of individual circumstances in sentencing. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
M.S.H. QURAISHI
|
| Lawyers |
Not available
|
| Petitioners |
ZULFIQAR
|
| Respondents |
THE STATE
|
| Citations |
1985 SLD 581,
1985 SCMR 783
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185(3),
S. 302
|