| Case ID |
1a59f768-3b6b-48f7-a1d4-587becd71caa |
| Body |
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| Case Number |
Criminal Appeal No. 1260 and Confirmation Case No. |
| Decision Date |
Sep 14, 1977 |
| Hearing Date |
Oct 15, 1976 |
| Decision |
The Sindh High Court upheld the conviction of Muhammad Nawaz for the murder of his father, Jamadad Khan, under section 302 of the Penal Code. The court found that while the appellant inflicted fatal injuries with a knife, the circumstances indicated that the murder was not premeditated. The judges were divided on the appropriate sentence, with Agha Ali Hyder J. advocating for life imprisonment due to mitigating circumstances, while M. A. Rashid J. argued for the death penalty citing premeditation. Ultimately, Z. A. Channa J. sided with Agha Ali Hyder J., resulting in a modified sentence of life imprisonment. The court emphasized the need to consider the context of the altercation leading to the fatal stabbing, highlighting the importance of assessing intent and the nature of the confrontation. |
| Summary |
In the case of Muhammad Nawaz vs. The State, the Sindh High Court addressed the complexities surrounding a murder conviction. The appellant was accused of killing his father, Jamadad Khan, during an altercation. The court examined the details of the incident, including the relationship dynamics, the circumstances of the altercation, and the evidence presented. The judges deliberated on whether the murder was premeditated or a result of a sudden fight. The court ultimately ruled that the evidence supported a conviction for murder but deemed the death penalty excessive given the absence of clear premeditation. This case highlights critical issues in criminal law, particularly in the interpretation of intent and the application of penalties in homicide cases. The decision underscores the need for a nuanced understanding of the circumstances leading to violent confrontations, making it a significant reference point in future cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AGHA ALI HYDER,
M.A. RASHID,
Z.A. CHANNA
|
| Lawyers |
Z. U. Ahmed for Appellant,
Aftab Ahmad AM for the State
|
| Petitioners |
MUHAMMAD NAWAZ
|
| Respondents |
THE STATE
|
| Citations |
1979 SLD 292 = 1979 PLD 286
|
| Other Citations |
Adalat and another v. The Crown P L D 1956 F C 171,
Moti Ram v. Emperor A I R 1941 Sind 117,
Amir Singh v. Emperor A I R 1932 Lab. 245,
Rustam Khan v. The State 1972 S C M R 657,
Hukmat Khan's case 1969 S C M R 75,
Muhammad Salim v. The State 1972 S C M R 249,
Karim Bux v. The State P L D 1977 Kar. 108,
Ayoob v. The State P L D 1974 Kar.
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
154,
302
|