| Case ID |
1b05430c-396e-4923-b5ba-73c549697ca7 |
| Body |
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| Case Number |
Criminal Appeal No. 786 of 1956 |
| Decision Date |
Apr 11, 1957 |
| Hearing Date |
Apr 02, 1957 |
| Decision |
The court dismissed the appeal and confirmed the death sentence imposed on Muhammad Iqbal alias Bala for the murder of Muhammad Afzal, a Rent Inspector of the Lahore Corporation. The court found that the accused acted with intent to kill and there was no justification for the act under the claim of private defense. The evidence presented by eyewitnesses was credible, and the accused's actions were deemed an act of vindictiveness rather than lawful defense. The court ruled that the deceased was a public servant acting under legal authority, hence the right of private defense was not applicable in this case. |
| Summary |
This case revolves around the brutal murder of Muhammad Afzal, a Rent Inspector, who was killed by Muhammad Iqbal alias Bala during an encroachment removal operation in Lahore. The court examined the legal implications of private defense under the Pakistan Penal Code, particularly sections 97 and 425, which address the right to defend property and the definition of mischief. The court concluded that the accused had no right to claim self-defense as the Rent Inspector was acting in accordance with his official duties. The judgment emphasized the importance of lawful authority in public service and reaffirmed the legal boundaries of self-defense. The evidence presented by witnesses was found credible and consistent, leading to the affirmation of the death sentence. This ruling highlights the legal principles surrounding public authority and individual rights, making it a significant case in the context of criminal law in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. Rahman C.J.,
Akhlaque Husain J.
|
| Lawyers |
Manzur Qadir,
Jan Husain,
M. Z. Kitchlew
|
| Petitioners |
Muhammad Iqbal alias Bala
|
| Respondents |
The State
|
| Citations |
1957 SLD 945,
1957 PLD 451
|
| Other Citations |
Packirive Pillay v. Muthukrishna Aiyer A I R 1920 Mad. 660,
Sebastian Lobo v. Mingel D'Souza A I R 1932 Mad. 676,
Jambulingam Pillai v. Ponnuswami Pillai A I R 1939 Mad. 400,
In re-Dharamalinga Mudali and others A I R 1915 Mad. 73,
Sarat Chandra Sen v. Yakub Talukdar A I R 1924 Cal. 805,
Natha Singh v. The Emperor 6 P R 1903 (Cr.)
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
97,
425
|