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Table of Contents

  1. Case Overview
  2. Legal Provisions Involved
  3. Key Facts
  4. Trial Court’s Judgment
  5. High Court’s Judgment
  6. Supreme Court’s Ruling
  7. Conclusion
  8. Precedents Cited

1. Case Overview

The Supreme Court of AJ&K decided Criminal Appeals Nos. 10 and 11 of 2022 on 22nd March 2023. The case involved Kabir Hussain, accused of murder, and Habib-ur-Rehman, charged with aiding in the crime. The Shariat Appellate Bench of the High Court had earlier delivered a judgment on 31st March 2022, reducing their sentences.


The Court applied the following laws:

  • Pakistan Penal Code (1860):
    • Section 302(b): Murder with intent
    • Section 34: Common Intention
  • Criminal Procedure Code:
    • Section 161: Examination of witnesses
  • Arms Ordinance (1965):
    • Section 13: Possession of illegal firearms

3. Key Facts

Habib-ur-Rehman assisted Kabir Hussain in killing the victim. Gunshot and stabbing wounds were discovered on the victim’s body. A pistol was used by Kabir Hussain, and Habib-ur-Rehman was charged with aiding and abetting the crime. The murder took place during an attempted robbery. Later, weapons were found, connecting the defendant to the crime.


4. Trial Court’s Judgment

The Trial Court sentenced Kabir Hussain to death under Section 302(b) for murder. It sentenced Habib-ur-Rehman to 25 years in prison for aiding the crime. The death sentence was referred to the High Court for confirmation.


5. High Court’s Judgment

The High Court reduced Kabir Hussain’s death sentence to life imprisonment. It also reduced Habib-ur-Rehman’s sentence from 25 years to 10 years. The High Court did not confirm the death sentence.


6. Supreme Court’s Ruling

The Supreme Court focused on two issues:

6.1 Competency of the Appeal

The Court ruled that the complainant was not a legal heir of the deceased. Only legal heirs can file an appeal in murder cases. Therefore, the Court dismissed the complainant’s appeal as incompetent.

6.2 Mitigating Circumstances

The evidence was reviewed by the Court. It concluded that there were questions created by the missing material, such as the CD, and the delay in witness accounts. The Court recognized the circumstantial evidence as one of the case’s mitigating elements. Consequently, Habib-ur-Rehman’s sentence was shortened.


7. Conclusion

The appeal filed by the complaint was denied by the Supreme Court. It decided that in murder cases, the only people who can appeal are the legitimate heirs. The Court lowered Kabir Hussain’s and Habib-ur-Rehman’s sentences. The decision underlined how crucial evidence standards and legal standing are.


8. Precedents Cited

The Court referred to these cases for support:

  • Muhammad Riaz v. The State PLD 2006 SC (AJ&K) 75
  • Muhammad Shafi v. Muhammad Asghar PLD 2004 SC 875
  • Zia Qamar v. The State Criminal Appeal No.24 of 2022

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