| Case ID |
15220a3d-f3ce-43d3-bd62-d3d231e39a4f |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 254 of 19 |
| Decision Date |
Jun 22, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal against the acquittal of respondent No. 1, Muhammad Hussain, in a case involving the murder of Nazir and injuries to the petitioner. The court found that the lower courts had erred in their assessment, particularly in accepting the statement of the respondent regarding self-defense that exceeded the permissible limits. The petition against respondents Nos. 2 and 3 was dismissed, while non-bailable warrants were issued against respondent No. 1, who was required to appear before the District Magistrate, Sialkot for further proceedings. |
| Summary |
This case revolves around a petition for special leave to appeal concerning a murder acquittal. The Supreme Court of Pakistan reviewed the decision of the Lahore High Court, which had acquitted the accused based on a self-defense claim. The case highlights the legal intricacies surrounding the right of private defense and the standards of evidence required to uphold a murder conviction. The court's ruling underscores the importance of assessing the credibility of witness statements and the application of relevant sections of the Penal Code and Criminal Procedure Code. This case is significant for its implications on self-defense claims in murder cases, setting a precedent for future cases involving similar legal arguments. Keywords: murder acquittal, self-defense, legal precedent, Supreme Court of Pakistan, criminal law, Penal Code, Criminal Procedure Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM,
MUHAMMAD GUL,
MUHAMMAD AKRAM
|
| Lawyers |
Muhammad Akhtar, Advocate,
S. Wajid Hussain, Advocate,
Muhammad Asghar, Advocate,
Sh. Ijaz Ali, Advocate
|
| Petitioners |
MUHAMMAD HUSSAIN
|
| Respondents |
MUHAMMAD HUSSAIN
|
| Citations |
1983 SLD 394,
1983 SCMR 621
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
185(3),
302,
304/99,
417
|