| Case ID |
03fb4198-2f8c-4347-bdbd-1deb2c59f165 |
| Body |
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| Case Number |
Criminal Appeal No. 28 of 1948 |
| Decision Date |
Apr 05, 1948 |
| Hearing Date |
|
| Decision |
The case revolves around the attempted murder of Bimal Chander Dutt by Ashiq Hussain, who was armed with a blood-stained dagger. The Lahore High Court found that the evidence clearly showed that Ashiq Hussain had gone beyond mere preparation and had attempted to cause injury with the weapon. Despite the defense's argument that the facts only constituted a criminal assault, the court concluded that the actions taken by Ashiq Hussain were indicative of a serious attempt to inflict harm. The appeal against the conviction was dismissed, affirming the decision that the appellant was rightly convicted under sections 324 and 511 of the Pakistan Penal Code, with a sentence of one year's rigorous imprisonment deemed appropriate given the circumstances of the case. |
| Summary |
This case involves the interpretation of the Pakistan Penal Code regarding the definitions of attempt and preparation in criminal law. The Lahore High Court examined the actions of Ashiq Hussain, who attempted to stab Bimal Chander Dutt in a courtroom, following a series of events where Dutt was previously injured. The court emphasized the importance of distinguishing between mere preparation and an actual attempt to commit a crime, outlining that an attempt can be established through several factors, including the possession of a weapon and the direct actions taken towards committing the offense. The judgment underscores the legal precedents concerning attempts under various sections of the Pakistan Penal Code, highlighting the legal framework for addressing attempted offenses and the gravity of such actions in the judicial system. This case serves as a critical reference for understanding the application of criminal law in Pakistan and the judicial interpretation of intent and actions that constitute an attempt. The outcome reinforces the necessity for a thorough evaluation of circumstances surrounding criminal acts, contributing to the body of case law that shapes legal standards in the region. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD JAN
|
| Lawyers |
Ghulam Mohy-ud-Din,
Farrukh Hussain
|
| Petitioners |
ASHAQ HUSSAIN
|
| Respondents |
THE CROWN
|
| Citations |
1950 SLD 50,
1950 PLD 147
|
| Other Citations |
I. L. R. (1876) 1 All. 316,
13 P. R. (Cr.) 1879,
30 P. R. (Cr.) 1904,
14 P. R. (Cr.) 1914,
I. L. R. (1929) 10 Lah. 253,
I. L. R. (1940) Luck. 194,
I. L. R. (1893) 15 All. 173,
L. R. (1893) 20 I. A. 90
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
324,
511,
352,
307
|