| Case ID |
2bab8f8b-8c44-4aa2-a693-a6650cacc43b |
| Body |
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| Case Number |
Criminal Appeal No.124 of 1990 |
| Decision Date |
Apr 15, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of Muhammad Younas and acquitted him of the charges under sections 302 and 307 of the Penal Code. The Court found that the prosecution had failed to produce independent witnesses supporting their version of events, and the evidence indicated that the complainant party had initiated the altercation. Muhammad Younas was found to have acted in self-defense after witnessing an assault on his father. The Court emphasized the need to prefer the defense version in cases with conflicting accounts, particularly when it aligns with common sense and the admitted facts of the case. |
| Summary |
This case revolves around the appeal of Muhammad Younas against his conviction under sections 302 and 307 of the Penal Code for the murder of Sher Ahmad and attempted murder of Muhammad Idrees. The incident occurred in front of the accused's house, where the complainant party had no legitimate reason to be present. The Supreme Court highlighted the significance of self-defense in criminal law, particularly in cases involving sudden provocation. The Court noted that Muhammad Younas had multiple injuries that were not explained by the prosecution, and the absence of independent witnesses weakened the prosecution's case. The Court's decision underscores the principles of justice and the right to defend oneself and one's family against unlawful aggression. Keywords: self-defense, criminal law, Pakistan Supreme Court, murder acquittal, legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
MUHAMMAD AFZAL LONE,
WALI MUHAMMAD KHAN
|
| Lawyers |
Ch. Muhammad Akram
|
| Petitioners |
MUHAMMAD YOUNAS
|
| Respondents |
THE STATE
|
| Citations |
1992 SLD 726,
1992 SCMR 1592
|
| Other Citations |
Khalid Javed v. Anwar Khan 1987 SCMR 1043,
Mashal Khan v. The State PLD 1985 SC 25,
Muhammad Ramzan v. The State 1988 SCMR 662
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
307,
300
|