| Case ID |
2abb552d-356a-4f46-8f78-6dd9db56a739 |
| Body |
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| Case Number |
Appeal No. 202 of 1953 |
| Decision Date |
Oct 02, 1953 |
| Hearing Date |
|
| Decision |
Fateh Muhammad was convicted under section 304 Part I of the Pakistan Penal Code and sentenced to five years' rigorous imprisonment. However, upon appeal, it was determined that the conviction under Part I could not be sustained due to the circumstances of grave and sudden provocation. The court found that while the appellant acted under provocation, he could still be convicted under Part II of section 304, where knowledge of the likelihood of death resulting from his actions could be imputed. Consequently, his conviction was altered to Part II, and his sentence was reduced to three years' rigorous imprisonment. |
| Summary |
The case of Fateh Muhammad vs. The Crown revolves around the principles of provocation and culpable homicide as delineated in the Pakistan Penal Code. The appellant, Fateh Muhammad, was initially convicted for the murder of his wife and her paramour under section 304 Part I, which necessitates intention to kill. However, the Lahore High Court, led by Justice S. A. Rahman, reevaluated the circumstances surrounding the crime, particularly the grave and sudden provocation experienced by the appellant. It was argued that the emotional state of the accused negated the intention to kill, thus warranting a conviction under Part II of section 304, which concerns culpable homicide not amounting to murder. The court's decision emphasized the importance of understanding the psychological state of the accused during the commission of the act, drawing on precedents set in previous cases such as Safdar Ali's case and Qadir Bakhsh v. Crown. Ultimately, the court reduced the sentence, reflecting the nuanced legal interpretations of provocation and the implications for culpable homicide within Pakistani law. This case highlights key legal principles that continue to shape the understanding of provocation and culpability in homicide cases, making it a significant reference point for future legal discussions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. RAHMAN, J
|
| Lawyers |
Hamid-ud-Din,
F. M. Anwari
|
| Petitioners |
Fateh Muhammad
|
| Respondents |
The Crown
|
| Citations |
1954 SLD 126,
1954 PLD 11
|
| Other Citations |
P L D 1953 F C 93,
P L R 1953 Lah. 637,
P L D 1953 F C 115
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
304 Parts I and II
|