| Case ID |
ffc8cd65-d702-4422-93e2-e34984092358 |
| Body |
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| Case Number |
Criminal Appeal No. 587 of 1998 |
| Decision Date |
Dec 08, 2003 |
| Hearing Date |
Dec 08, 2003 |
| Decision |
The appeal by Haji alias Zafar against his conviction and death sentence was dismissed by the Lahore High Court. The court upheld the trial court's decision, confirming that the evidence presented, including eyewitness testimony and forensic evidence, proved the case against the accused beyond a reasonable doubt. The court found no reason to show leniency given the brutal nature of the crime, where the accused killed his wife by firing upon her in broad daylight in the presence of her family members. |
| Summary |
In the case of Haji alias Zafar versus the State, the Lahore High Court dealt with a severe instance of domestic violence culminating in murder. The appellant, Haji alias Zafar, was convicted for killing his wife, Mst. Nawab Bibi, under Section 302 of the Pakistan Penal Code, 1860. The incident occurred on May 12, 1996, when Haji alias Zafar, armed with a 7-MM rifle, shot his wife twice, resulting in her immediate death. The motive was rooted in familial disputes and unresolved marital issues, as Nawab Bibi was pressured not to live with the appellant despite being married to him. Eyewitnesses, including the victim's mother and brother, provided consistent testimonies that corroborated the prosecution's case. Medical evidence further supported these claims, showing the injuries inflicted were consistent with gunshot wounds. Despite the defense's argument that the witnesses were biased due to their relationship with the deceased, the court found them to be credible. The court dismissed the appeal, upholding the death sentence, citing the brutality of the crime and the lack of any mitigating factors. This case highlights the challenges of domestic disputes escalating to violence and the legal system's role in addressing such grave offenses. |
| Court |
Lahore High Court
|
| Entities Involved |
Noor Ahmad,
Haq Nawaz,
Haji alias Zafar,
Mst. Nawab Bibi,
Mst. Bakhat Bhari
|
| Judges |
Raja Muhammad Sabir,
Muhammad Sayeed Akhtar
|
| Lawyers |
Sardar Muhammad Ramzan,
Mr. A.H. Masood
|
| Petitioners |
Haji alias Zafar
|
| Respondents |
State
|
| Citations |
2004 SLD 3867,
2004 PLJ 279
|
| Other Citations |
PLD 1994 Supreme Court 885,
1999 SCMR 2203,
2003 SCMR 855
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302
|