| Case ID |
20bfe49d-6d4b-4db2-8a40-a21356445ce8 |
| Body |
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| Case Number |
Crl. A. No. 109 of 2003 |
| Decision Date |
Mar 10, 2004 |
| Hearing Date |
Dec 10, 2003 |
| Decision |
The court upheld the conviction of Iftikhar alias Istikhar for the murder of Murad AH, finding that the prosecution had successfully established the murder charge based on the ocular testimony of the complainant, which was corroborated by medical evidence. The court noted the absence of any motive for the complainant to falsely implicate the appellant, and emphasized that the quality of evidence is more important than quantity. The trial court's decision to impose a life sentence was deemed appropriate given the circumstances of the case, and the appeals filed against both the conviction and the sentence were dismissed. |
| Summary |
In the case of Iftikhar alias Istikhar, the Peshawar High Court addressed the conviction for murder under Section 302 of the Pakistan Penal Code. The incident occurred on August 5, 1999, when the appellant shot the deceased, Murad AH, resulting in his death. The complainant, Yaqoob Khan, provided a consistent account of the events leading to the murder, supported by medical evidence from the postmortem examination that corroborated the prosecution's version. The court highlighted the importance of credible eyewitness testimony in capital cases and ruled that the evidence presented was sufficient to uphold the conviction. The decision emphasized the need for reliable and confidence-inspiring evidence, particularly when the witness had a close relationship with the victim. The court also discussed the implications of the accused's abscondence, which further strengthened the prosecution's case. The ruling reinforced legal principles regarding the evaluation of evidence, particularly in cases involving serious charges such as murder. Overall, the case underscores the judicial system's commitment to ensuring justice through careful consideration of evidence and the legal standards required for conviction. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talaat Qayyum Qureshi,
Ijaz-ul-Hassan
|
| Lawyers |
Syed Walayat Ali Shah Bokhary,
Mr. Waheedullah Khan,
Mr. Sohail Akhtar Khan
|
| Petitioners |
Iftikhar alias Istikhar
|
| Respondents |
another,
State
|
| Citations |
2004 SLD 3944,
2004 PLJ 572
|
| Other Citations |
PLD 1964 SC 26,
1986 SCMR 823,
PLD 1980 SC 201,
1997 SCMR 15,
PLD 1970 Lahore 878,
1996 PCr.L.J. 238,
2002 PCr.L.J. 1177,
2003 PCr.L.J. 699,
1985 SCMR 60,
PLD 1980 SC 225,
PLD 2001 SC 222,
1998 SCMR 1823,
1999 SCMR 2722,
2001 SCMR 177,
2001 SCMR 536,
1996 PCr.L.J. 1939,
PLD 1993 SC 895,
2000 SCMR 1758,
1993 SCMR 585,
PLD 1976 SC 632
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
410,
302
|