| Case ID |
157b3619-d295-4ebc-bf41-cc2d00ed7ff5 |
| Body |
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| Case Number |
Jail Petition No. 19-R and Cr. Petition No.39-R of |
| Decision Date |
Jun 03, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitions filed by Sada Hussain and Fazal Hussain. It was concluded that while the accused had a right to defend his property, he exceeded that right by causing the death of the deceased. The High Court's finding that the accused had the right of private defense was upheld, but it was determined that the use of lethal force was not justified under the circumstances. The court emphasized that the complainant party was unarmed and did not attack the accused, indicating that there was no imminent threat that warranted the use of a firearm. As a result, the appeal for leave was refused. |
| Summary |
The case revolves around the right of private defense within the context of property disputes, under the Penal Code of Pakistan. The incident involved Sada Hussain, who was accused of killing Noor Khan while defending his land, which he was in the process of cultivating. The Supreme Court analyzed the circumstances surrounding the incident, including the actions of both the accused and the complainant party. The court concluded that while the accused had a legal right to defend his property, he used excessive force that resulted in death, which was not justified. The ruling highlighted the necessity of proportionality in the exercise of self-defense rights. This case underscores the balance between property rights and the legal limitations of force in self-defense scenarios. Keywords include 'right of private defense', 'Penal Code', 'Supreme Court of Pakistan', and 'legal representation'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NAIMUDDIN,
ABDUL QADEER CHAUDHRY,
AJMAL MIAN
|
| Lawyers |
Kh. Muhammad Yusuf Saraf,
Sardar Muhammad Ishaque
|
| Petitioners |
SADA HUSSAIN,
Fazal Hussain
|
| Respondents |
THE STATE,
Zahid Hussain
|
| Citations |
1991 SLD 803 = 1991 SCMR 158
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
304, Part I,
300, Exception 2,
Art.185(3)
|