| Case ID |
39ae5521-cfa5-4034-ab0e-87810b57af16 |
| Body |
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| Case Number |
Criminal Petition No. 383/1 of 1993 |
| Decision Date |
May 08, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the judgment of the High Court. The petitioner, Parvaiz Iqbal, had admitted to the occurrence of the incident where he shot the deceased, Muhammad Akbar, after a quarrel over water disposal. The court noted that there was no evidence of premeditation, and the petitioner had acted in the heat of the moment. The court emphasized that the prosecution's witnesses were credible, and the petitioner failed to displace the findings of fact recorded by the lower courts. The absence of enmity between the parties and the circumstances of the case were considered mitigating factors against the imposition of the death penalty. The petition was therefore dismissed, and leave to appeal was refused. |
| Summary |
This case revolves around a fatal shooting incident that occurred between the petitioner, Parvaiz Iqbal, and the deceased, Muhammad Akbar. The quarrel arose over the disposal of water in a pit, which led to a confrontation. After the altercation, the petitioner retrieved a gun from his home and shot the deceased, resulting in his death. The Supreme Court of Pakistan evaluated the circumstances surrounding the case, including the absence of premeditation and the nature of the relationship between the parties. The court found the testimony of the prosecution witnesses to be reliable and concluded that the petitioner could not successfully challenge the factual findings of the lower courts. The decision highlighted the factors that mitigated against the imposition of the death penalty, leading to the dismissal of the appeal. This case underscores the importance of thorough examination of evidence and the context of criminal actions in legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHRY,
SALEEM AKHTAR
|
| Lawyers |
MA. Zafar, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate on-Record
|
| Petitioners |
PARVAIZ IQBAL alias MUHAMMAD IQBAL
|
| Respondents |
THE STATE
|
| Citations |
1995 SLD 619,
1995 SCMR 508
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
Art. 185(3)
|