| Case ID |
0be4137d-813e-416d-9560-be59a1ce2933 |
| Body |
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| Case Number |
Criminal Appeal No. 4 of 1977/BWP |
| Decision Date |
Apr 25, 1979 |
| Hearing Date |
Apr 23, 1979 |
| Decision |
The Lahore High Court acquitted Muhammad Anwar, who was previously convicted of murder under Section 302 of the Pakistan Penal Code, and altered the conviction to Section 304, Part I, due to mitigating circumstances. The court recognized the appellant's claim of self-defense and grave provocation, concluding that the deceased's actions warranted a reaction from the appellant. The court sentenced him to five years of rigorous imprisonment, considering the context of the incident and the character of the deceased, who was described as a bad character and a drunkard. The court also refrained from imposing a fine or compensation, indicating that such measures would unfairly reward the deceased's misconduct. |
| Summary |
This case revolves around the conviction of Muhammad Anwar for the murder of Muhammad Aslam, a man with a notorious reputation. The incident occurred late at night outside the appellant's shop, where the deceased allegedly made provocative remarks under the influence of alcohol. The court found that the initial attack by the deceased constituted grave provocation, justifying the appellant's reaction. The court emphasized the importance of context and the reputation of the deceased, ultimately leading to a reduced sentence. This case highlights the complexities of self-defense claims in criminal law, particularly in circumstances involving provocation and the character of the individuals involved. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AFTAB FARRUKH, J
|
| Lawyers |
M. Sultan Wattoo,
Ch. Maqbool Ahmad
|
| Petitioners |
MUHAMMAD ANWAR
|
| Respondents |
THE STATE
|
| Citations |
1979 SLD 367,
1979 PLD 663
|
| Other Citations |
Nawab v. The Crown 1969 S C M 8.855,
Rahim Bakhsh v. The Crown PLD 1952 F C
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
102,
302,
300,
304, Part I
|