| Case ID |
24c2f903-796e-4fb1-8773-31ccdacbac87 |
| Body |
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| Case Number |
Petition for Special Leave to Appeal NO-10-P of 19 |
| Decision Date |
Nov 17, 1971 |
| Hearing Date |
Apr 17, 1971 |
| Decision |
The Supreme Court of Pakistan upheld the conviction of Ahmad Ali and others under Section 304, Part I of the Penal Code for culpable homicide not amounting to murder. The court found that the petitioners had exceeded their right to self-defense, as two people had died and another was injured during the incident. The High Court's decision to alter the conviction from Section 304, Part II to Part I was affirmed. The petition for leave to appeal was dismissed, confirming that no grave miscarriage of justice had occurred. |
| Summary |
In the case of Ahmad Ali vs. The State, the Supreme Court of Pakistan dealt with issues of self-defense and culpable homicide. The petitioners were initially convicted under Section 304, Part II of the Penal Code, but the High Court altered this conviction to Section 304, Part I, following an appeal by the State. The incident arose from a dispute over water diversion, leading to a violent confrontation where two individuals died. The Supreme Court found that the petitioners had exceeded their right to self-defense, which was a pivotal point in the case. The ruling highlights critical aspects of self-defense in legal proceedings and the implications of exceeding this right. Keywords: culpable homicide, self-defense, Supreme Court of Pakistan, legal proceedings, water dispute. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMAD, J
|
| Lawyers |
Zahurul Haq
|
| Petitioners |
AHMAD ALI,
NAJAF ALI,
MOHSIN ALI,
JAN ALI,
MOHIB ALI
|
| Respondents |
THE STATE
|
| Citations |
1988 SLD 2214,
1988 SCMR 521
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
149,
304,
307,
326,
96,
97,
100
|