| Case ID |
0b8d7a93-306f-4988-90d7-0e92d8d81af0 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 739 of 1958 |
| Decision Date |
Aug 25, 1959 |
| Hearing Date |
Aug 07, 1959 |
| Decision |
The Lahore High Court found Muhammad Sharif guilty of murder under section 302 of the Penal Code and altered his death sentence to transportation for life, considering the mitigating factor that the deceased had wrongfully removed Muhammad Sharif's bullock. Ali Muhammad was acquitted due to insufficient evidence of his involvement in the murder. The court emphasized the need to carefully analyze evidence and the principle that the right of private defense ceases once the offender has retreated with the property. |
| Summary |
In the case of Muhammad Sharif and Ali Muhammad vs. The State, the Lahore High Court addressed issues surrounding the right of private defense, particularly in cases of theft. The case arose from a confrontation over a stolen bullock. The court ruled that despite Muhammad Sharif's claim of self-defense, his actions exceeded permissible limits when he fatally attacked the deceased. The judgment highlighted the importance of evaluating witness credibility and the nuances of legal definitions regarding retreat in theft cases. The verdict serves as a significant reference for future cases involving self-defense and property rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ORTCHESON, JUSTICE,
SAJJAD AHMAD JAN, JUSTICE
|
| Lawyers |
Mahmood Ali Kasuri,
Rafiq Ahmad,
Noor Mohd. Chuhan,
Ijaz Ali
|
| Petitioners |
MUHAMMAD SHARIF,
ALI MUHAMMAD
|
| Respondents |
THE STATE
|
| Citations |
1959 SLD 128,
1959 PLD 987
|
| Other Citations |
Mirdad v. Emperor I L R 7 Lah. 21
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
105,
302
|