| Case ID |
31d16465-2113-467c-a1ab-2fde42b45d0e |
| Body |
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| Case Number |
Criminal Appeal No. 279 of 1993 |
| Decision Date |
Feb 14, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the conviction of Abid Hussain for the murder of Israr Hussain, confirming the sentence of death imposed by the trial court. The court found that the ocular evidence presented was corroborated by medical evidence and ballistic analysis indicating that the firearm used in the crime was licensed to the accused's father and was indeed the weapon that fired the fatal shots. The evidence was assessed with care, particularly regarding the absence of animosity between the parties, which negated the possibility of false implication. The court also noted the familial ties between the parties involved, which added a layer of complexity to the case. Ultimately, the court reduced the death sentence to life imprisonment, citing mitigating circumstances surrounding the exchange of harsh words before the shooting, and emphasized the need for a fair assessment of the evidence presented. |
| Summary |
In the landmark case of Criminal Appeal No. 279 of 1993, the Supreme Court of Pakistan addressed serious issues surrounding the conviction of Abid Hussain for the murder of Israr Hussain, a case that highlights the intricacies of familial relationships and their impact on criminal proceedings. The court meticulously examined the evidence, including ocular testimonies and ballistic reports, confirming that the firearm used was licensed to the accused's father. The court upheld the conviction, emphasizing the importance of corroborative evidence in establishing guilt beyond reasonable doubt. It also stressed the lack of enmity between the parties, which played a crucial role in dismissing claims of false implication. The court ultimately reduced the death sentence to life imprisonment, providing a nuanced perspective on the circumstances leading to the crime. This case serves as a significant reference point in Pakistani criminal law, underscoring the judicial system's commitment to ensuring justice while considering mitigating factors. Legal practitioners and students can glean valuable insights from the court's reasoning and the evidentiary standards applied in such serious matters. The ruling also raises important questions about the interplay of personal relationships in legal contexts and how they can influence the outcomes of criminal trials. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD,
JAN,
SAJJAD ALI SHAH,
FAZAL ILAHI KHAN
|
| Lawyers |
Muhammad Munir Khan, Advocate Supreme Court,
Ch. Qamar-ud-Din Khan Meo, Advocate-on-Record,
Shaikh Muhammad Naeem, Advocate Supreme Court,
Rao M Yousaf Khan, Advocate-on-Record
|
| Petitioners |
ABID HUSSAIN
|
| Respondents |
THE STATE
|
| Citations |
1994 SLD 416 = 1994 PLD 641
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|