| Case ID |
2a98776b-e3dc-455e-b65b-3dcccdafcf83 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 23-P of 1979 |
| Decision Date |
Apr 14, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the death sentence for Fazal Ghafoor, finding sufficient ocular evidence to establish his guilt in the wanton murder of Niamat Ali Shah. Despite uncertainties regarding the motive, the court ruled that the brutal nature of the crime warranted the maximum penalty. The High Court's enhancement of the sentence from life imprisonment to death was justified given the deliberate and calculated nature of the accused's actions, which resulted in the tragic death of an innocent shopkeeper. |
| Summary |
In the case of Fazal Ghafoor vs. The State, the Supreme Court of Pakistan addressed the grave matter of murder under the Penal Code. The appellant, Fazal Ghafoor, was convicted for the murder of Niamat Ali Shah, a goldsmith, who was shot without provocation while standing outside his shop. The court emphasized the quality of ocular evidence presented during the trial, which included eyewitness accounts from Nauroz Ali and Nizar Ali. The prosecution established that the motive stemmed from the appellant's history of extortion against local shopkeepers. The court determined that the absence of clear motive did not mitigate the culpability of the accused. This case highlights significant legal principles regarding the appreciation of evidence and the implications of motive in homicide cases. The ruling serves as a critical reference for future cases involving similar circumstances, reinforcing the legal stance against wanton acts of violence. Keywords such as 'murder conviction', 'Supreme Court ruling', and 'Penal Code' are essential for SEO optimization, ensuring visibility and relevance in legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH, J.,
SHAFIUR RAHMAN, J.,
JAVID IQBAL, J.
|
| Lawyers |
M. Zahoorul Haq, Advocate Supreme Court,
Noor Ahmad Khan, Advocate-on-Record for Appellant,
BashirUllah Khan, Addl. A.G. N.W.F.P.,
Qasim Imam, Advocate-on-Record (absent) for Respondent,
M. Sardar Khan, Advocate Supreme Court for the Complainant
|
| Petitioners |
FAZAL GHAFOOR
|
| Respondents |
THE STATE
|
| Citations |
1987 SLD 415,
1987 SCMR 1136
|
| Other Citations |
Arif and others v. The State 1984 SCMR 124
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|