| Case ID |
1f74ac72-de56-41e8-9370-7ede1e2fb710 |
| Body |
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| Case Number |
Criminal Petitions for Leave to Appeals Nos. 416 a |
| Decision Date |
Mar 04, 2003 |
| Hearing Date |
Mar 04, 2003 |
| Decision |
The Supreme Court upheld the conviction of Abdur Rahim alias Rahima for the murder of Zafar Iqbal, affirming the death sentence imposed by the lower courts. The evidence presented, including consistent ocular testimony, corroborated by medico-legal reports, established the guilt beyond reasonable doubt. The court found that the circumstances indicated a clear case of murder in the first degree, with the accused acting with intent and premeditation. Shiraz Hussain, the co-accused, was acquitted due to lack of evidence attributing any overt act of killing to him. The decision emphasized the importance of reliable witness testimonies and the corroborative nature of evidence in criminal proceedings. |
| Summary |
The case revolves around the murder of Zafar Iqbal, where the complainant, Shaukat Hussain, accused Abdur Rahim alias Rahima and Shiraz Hussain of committing the crime. The incident occurred on 15-5-1996 when Zafar Iqbal was shot after a quarrel that had escalated due to prior enmity. The prosecution presented strong ocular evidence from the complainant and his friend, supported by medical evidence, establishing the identity and actions of the accused. The court assessed the testimonies, finding them credible and consistent, leading to the confirmation of the death sentence for Abdur Rahim, while acquitting Shiraz Hussain. The decision highlighted the significance of motive, eyewitness accounts, and corroborative evidence in criminal law. Keywords: murder, criminal law, eyewitness testimony, corroborative evidence, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Zafar Iqbal,
Shaukat Hussain,
Zahid Mahmood
|
| Judges |
Nazim Hussain Siddiqui,
Justice Hamid Ali Mirza,
Justice Sardar Muhammad Raza
|
| Lawyers |
Malik M. Nawaz Khan,
Mehr Khan Malik,
Tariq Khokhar,
Arshad Ali Chaudhry,
Ch. Akhtar Ali
|
| Petitioners |
Abdur Rahim alias Rahima,
Shiraz Hussain
|
| Respondents |
The State
|
| Citations |
2003 SLD 3947 = 2003 PLD 662
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302/34,
540,
46
|