| Case ID |
2aba7b3e-df8e-4aa4-8c3b-d575dbba8f94 |
| Body |
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| Case Number |
Criminal Appeal No. 109 of 2003 |
| Decision Date |
Mar 10, 2004 |
| Hearing Date |
Dec 10, 2003 |
| Decision |
The Peshawar High Court upheld the conviction and sentences of Iftikhar alias Istikhar, who was found guilty of murder under section 302(b) of the Pakistan Penal Code. The court found that the evidence presented, including the testimony of the sole eyewitness and medical evidence, corroborated the prosecution's case. The appellant was sentenced to life imprisonment, a fine of Rs. 100,000, and additional sentences for the other counts under section 324. The court emphasized the importance of the eyewitness's testimony, which was consistent and credible despite challenges during cross-examination. Furthermore, the motive for the crime was established, and the accused's prolonged abscondence was considered as corroborative evidence. |
| Summary |
In the case of Criminal Appeal No. 109 of 2003, the Peshawar High Court addressed the conviction of Iftikhar alias Istikhar for the murder of Murad Ali under the Pakistan Penal Code, specifically sections 302(b) and 324. The court focused on the credibility of the sole eyewitness, Yaqoob Khan, who provided a detailed account of the incident, which occurred in broad daylight. The court noted that the eyewitness's testimony was supported by medical evidence, including the recovery of pellets from the deceased's body. The motive for the murder was linked to a prior altercation between the accused and the victim. The court ruled that the evidence was sufficient to uphold the conviction, highlighting the principles of appreciation of evidence in murder cases, particularly regarding the weight of eyewitness accounts and the implications of absconding. This case reinforces the legal standards surrounding murder convictions in Pakistan, particularly the reliance on eyewitness testimony and corroborative evidence, establishing a precedent for future cases. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talaat Qayum Qureshi,
Ijaz-ul-Hassan Khan
|
| Lawyers |
Syed Wilayat Ali Shah Bokhary,
Waheedullah,
Sohail Akhtar Khan
|
| Petitioners |
Iftikhar alias Istikhar
|
| Respondents |
The State
|
| Citations |
2004 SLD 2639,
2004 PLD 143
|
| Other Citations |
PLD 1964 SC 26,
1986 SCMR 823,
PLD 1980 SC 20,
1997 SCMR 25,
PLD 1970 Lah. 878,
1996 PCr.LJ 238,
2002 PCr.LJ 1177,
2003 PCr.LJ 699,
1985 SCMR 60,
PLD 1996 SC 138,
PLD 1971 Lah. 883,
PLD 1980 SC 225,
PLD 2001 SC 222,
1998 SCMR 1823,
1999 SCMR 1957,
1999 SCMR 2722,
1999 SCMR 304,
2001 SCMR 536,
2001 SCMR 177,
1996 PCr.LJ 1039,
PLD 1993 SC 895,
2000 SCMR 1758,
1992 PLD 302,
1993 SCMR 585,
PLD 1976 SC 632
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b),
324
|