| Case ID |
1e44bdcf-7bab-4066-a477-ecca989ebd3f |
| Body |
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| Case Number |
Criminal Appeal No. 304 of 1997 |
| Decision Date |
Oct 29, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan modified the sentences of the appellants in a criminal case concerning the murders of Rukhsar and Iftikhar, determining that the death penalty awarded to Muhammad Zaroof was excessive given the circumstances of the case. The Court concluded that while the principal accused could not be absolved of liability under section 302 of the Penal Code, the occurrence was without premeditation, warranting a reduction of the death sentence to life imprisonment. The Court emphasized that every individual was responsible for their own actions during the open fight that resulted in the tragic events, and thus the appeal was dismissed with modifications to the sentences. |
| Summary |
This case revolves around the appeal of Muhammad Zaroof and others against their convictions for murder, stemming from a violent altercation that led to the deaths of two individuals. The Supreme Court examined the nature of the incident, concluding it was an open fight without premeditation. The court noted that while the appellants engaged in acts that led to fatalities, the context of the altercation was critical in determining the appropriate level of culpability. The decision reflects the legal principles surrounding self-defense and the responsibilities of individuals in violent confrontations. The Court's ruling underscores the importance of contextual factors in adjudicating cases of violent crime, particularly in instances where the actions of multiple parties contribute to the outcome. This case is significant in understanding how courts navigate the complexities of criminal law, particularly regarding charges of murder and the circumstances that may mitigate sentencing. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RAJA AFRASIAB KHAN,
SH. IJAZ NISAR,
SH. RIAZ AHMED
|
| Lawyers |
Aftab Farrukh, Advocate Supreme Court,
Sardar Muhammad Ishaq Khan, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Ch. Muhammad Akram, Advocate Supreme Court
|
| Petitioners |
MUHAMMAD JAMIL,
MUHAMMAD ZAROOF,
JAVED AKHTAR,
KAMRAN
|
| Respondents |
THE STATE
|
| Citations |
1999 SLD 425,
1999 SCMR 1951
|
| Other Citations |
Mushtaq Ahmed and 4 others v. The State 1996 SCMR 520,
Muhammad Iqbal v. The State PLD 1993 SC 1,
Allah Diwaya v. The State PLD 1993 SC 35,
Nazar Muhammad and 2 others v. The State 1993 SCMR 1329,
Hassan Muhammad v. The State 1994 SCMR 1212,
Sikandar v. The State PLD 1996 SC 555,
Sayed Ali Bepari v. Nibaran Mollah PLD 1962 SC 502
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
307,
185(3)
|