Case ID |
0a81589f-ca3d-4a59-a291-d727b33105b4 |
Body |
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Case Number |
Criminal Appeal No. 89 of 1982 |
Decision Date |
Jun 12, 1985 |
Hearing Date |
Jun 12, 1985 |
Decision |
The Supreme Court maintained the conviction of Abdur Rahim alias Raheema under section 302 of the Penal Code for the murder of Karamat Hussain. The original death sentence was commuted to life imprisonment due to the nature of the incident being a chance encounter. The court highlighted that the appellant had inflicted multiple injuries on the deceased, indicating an intention to kill rather than acting in self-defense. The court concluded that while the case had elements of self-defense, the overwhelming evidence of excessive force led to the decision to reduce the sentence, ensuring justice was served while maintaining the conviction. |
Summary |
The Supreme Court of Pakistan adjudicated the case of Abdur Rahim alias Raheema, who was convicted of murdering Karamat Hussain. The case revolved around the interpretation of self-defense under the Penal Code. The court found that the accused had acted with intent to kill, as he inflicted numerous injuries on the deceased using a sharp weapon, despite claiming to have acted in self-defense. The decision underscored the importance of assessing evidence in murder cases, particularly regarding the use of excessive force and the circumstances surrounding the encounter. The sentence was modified from death to life imprisonment, reflecting the court's recognition of the complex dynamics of the incident while upholding the rule of law. This case serves as a critical reference for future legal interpretations of self-defense in Pakistan, emphasizing the need for factual clarity in violent encounters. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
MUHAMMAD HALEEM, C.J.,
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
S. A. NUSRAT, JJ
|
Lawyers |
Raja Muhammad Anwar, Senior Advocate Supreme Court,
Ch. Karam Elahi Bhatti, Advocate-on-Record for Appellant,
Ch. Ghulam Ahmad, Advocate Supreme Court for A.-G., Punjab for the State
|
Petitioners |
ABDUR RAHIM alias RAHEEMA
|
Respondents |
THE STATE
|
Citations |
1986 SLD 323,
1986 SCMR 105
|
Other Citations |
Not available
|
Laws Involved |
Penal Code (XLV of 1860)
|
Sections |
302,
34
|