| Case ID |
159653f9-c482-4349-950b-c41a2c7672ee |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition for Leave to Appeal No. 125 of 1 |
| Decision Date |
Dec 19, 1987 |
| Hearing Date |
Dec 19, 1987 |
| Decision |
The Supreme Court of Pakistan refused leave to appeal against the acquittal of respondent Dost Muhammad in a murder case, stating that the right of self-defense could be reasonably extended to him. The Court acknowledged that the prosecution had not provided a correct version of the occurrence and that the judgment of the Lahore High Court did not result in a miscarriage of justice. The Court emphasized that the entire truth was not disclosed by either party and noted that the plea of self-defense, although not explicitly raised, could still be inferred from the circumstances of the case. |
| Summary |
In the case of Criminal Petition for Leave to Appeal No. 125 of 1983, the Supreme Court of Pakistan dealt with the complexities surrounding the right of self-defense in a murder case. The case emerged from the Lahore High Court's decision to acquit Dost Muhammad, who had been accused of murder. The Supreme Court highlighted the significance of the self-defense argument, noting that it could be derived from the circumstances despite not being explicitly stated in the accused's testimony. The ruling emphasized the importance of contextual evidence and the necessity for the prosecution to provide a credible account of the events leading to the altercation. The Court's decision reinforces the legal principle that self-defense rights are fundamental and can be invoked even if not formally presented during initial statements. This case underscores the judicial commitment to ensuring justice while addressing the nuances of criminal law. Keywords: self-defense, murder case, Supreme Court of Pakistan, Lahore High Court, legal principles, criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Learned counsel for the complainant-side
|
| Petitioners |
MOHAMMAD ZAMAN
|
| Respondents |
DOST MOHAMMAD
|
| Citations |
1988 SLD 2137,
1988 SCMR 388
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
342
|