| Case ID |
0bc35482-0a12-45cc-8b46-6d8a1cc79168 |
| Body |
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| Case Number |
Appeal No. 603 of 1952 |
| Decision Date |
Apr 22, 1953 |
| Hearing Date |
Aug 08, 1952 |
| Decision |
The Lahore High Court altered the conviction of the appellants, originally sentenced to life transportation under section 304 Part I read with section 34 of the Penal Code. The court found that the charge did not specify which part of section 304 was applicable, which is required for a valid conviction. The prosecution had alleged that the appellants attacked Shah Muhammad, resulting in his death, but the court determined that the evidence did not conclusively show the appellants intended to cause death. The court concluded that Rehmat was guilty under section 326 for causing grievous hurt, while the others were found guilty under section 326/34 due to their common intention. Each appellant was sentenced to four years of rigorous imprisonment. |
| Summary |
This case revolves around a violent altercation that led to the death of Shah Muhammad from injuries inflicted by the appellants using various weapons. The Lahore High Court reviewed the evidence, including eyewitness testimonies and medical reports, to determine the nature of the injuries and the intent of the appellants. The court emphasized the importance of properly framing charges under the Penal Code, particularly regarding the distinction between sections 304 and 326. The judgment highlighted the legal implications of common intention and the necessity for precise charge specifications, ultimately leading to a conviction adjustment. This case underscores the critical need for clarity in legal proceedings, especially in violent crime cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD JAN,
SHABIR AHMAD
|
| Lawyers |
Manzoor Qadir,
M. B. Zaman,
S. A. Mahmood
|
| Petitioners |
SARDAR ALI,
BASHIR,
CHAKAR,
REHMAT
|
| Respondents |
THE CROWN
|
| Citations |
1953 SLD 130,
1953 PLD 300
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
304,
34
|