| Case ID |
1f0a209d-7349-473f-8566-85886741d40b |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Jun 14, 1976 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition challenging the acquittal of the respondents by the Lahore High Court. The High Court found that the accused acted in self-defense during a violent confrontation over the possession of a disputed plot of land. The evidence presented indicated that the petitioners attacked the respondents, who were within their rights to defend themselves. The High Court's conclusion was deemed unassailable given the circumstances of the case, including the presence of injuries on both sides and the lack of credible evidence supporting the petitioner's claims. |
| Summary |
The case revolves around a violent incident that occurred on December 26, 1970, concerning a dispute over the possession of Plot No. 310 C in Ghulam Muhammad Abad, Lyallpur. The petitioner, Munir Ahmad, claimed that fatal injuries were inflicted on members of his party by the respondents, who were accused of murder and attempted murder. The trial court convicted four of the accused but the Lahore High Court acquitted them, leading to this appeal. The Supreme Court upheld the High Court's judgment, emphasizing the rightful self-defense exercised by the respondents amidst an unlawful attack by the petitioner's party. The case highlights significant legal principles concerning self-defense, the burden of proof in criminal cases, and the importance of credible evidence. The court found that the defense's argument was substantiated by the injuries sustained by the respondents and the circumstances surrounding the incident, ultimately concluding that the decision to acquit was justified. The case underscores the critical balance between the right to defend oneself and the legal implications of violent confrontations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD GUL,
MUHAMMAD AKRAM,
MUHAMMAD HALEEM
|
| Lawyers |
Shaukat Ali,
Ejaz Ahmad Khan,
M. A. Bajwa,
1jaz All
|
| Petitioners |
MUNIR AHMAD
|
| Respondents |
GHULAM MUHAMMAD,
KHALID MAHMOOD,
KHALIQUR RAHMAN,
AZIZUR RAHMAN
|
| Citations |
1983 SLD 385,
1983 SCMR 602
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
Art. 185(3),
S. 302/34,
S. 417
|