| Case ID |
03f7805f-e4ca-4637-9113-f6e048d7c9ba |
| Body |
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| Case Number |
Criminal Appeal No. 110 of 1970 |
| Decision Date |
Nov 12, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the conviction of Allah Wasaya and Muhammad Amin for the murder of Nazar Hussain Shah, ruling that their actions did not fall under the exception of grave and sudden provocation as outlined in Section 300 of the Penal Code. The court found that the appellants had premeditated the murder as they captured the deceased, tied him up, and transported him a significant distance before killing him. The conduct demonstrated full meditation rather than a loss of self-control, affirming the death sentence previously awarded by the trial judge. |
| Summary |
In the case of Allah Wasaya vs. The State, the Supreme Court of Pakistan dealt with a murder conviction that raised questions about the application of Section 300 of the Penal Code and the exception of grave and sudden provocation. The appellants were accused of killing Nazar Hussain Shah, whom they suspected of having an illicit relationship with the wife of one of the appellants. The court examined the actions of the appellants, noting that their premeditated actions, including the tying up of the deceased and the subsequent transportation to a remote location for the murder, indicated a calculated intent rather than a spontaneous reaction to provocation. The ruling emphasized that the loss of self-control cannot coexist with premeditation, leading to the conclusion that the appellants' conviction and death sentence were justified. The case highlights critical aspects of criminal law, including the interpretation of murder and culpable homicide, as well as the legal definitions surrounding provocation. This judgment serves as a significant precedent in the legal discourse surrounding murder cases in Pakistan, reinforcing the importance of intent and the nature of provocation in determining culpability. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
Bashir Zafar, Advocate Supreme Court,
Ch. FazaliHussain, Advocate-on-Record for Appellant,
M. A. Bajwa, Advocate Supreme Court,
Sh. Ijaz Ali, Advocate-on-Record for the State
|
| Petitioners |
ALLAH WASAYA
|
| Respondents |
THE STATE
|
| Citations |
1977 SLD 97,
1977 SCMR 44
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
300
|