| Case ID |
2be08699-d66b-47e2-8f50-03ac348764e8 |
| Body |
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| Case Number |
Criminal Appeal No. 96 of 1982 |
| Decision Date |
Mar 10, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan altered the conviction of the appellant from Section 302/34, P.P.C. to Section 324, P.P.C. This decision was made after considering the common intention of the accused and the nature of injuries inflicted during the crime. The court found that while the appellant participated in the incident, the evidence did not support a finding of shared intent to kill. Therefore, he was sentenced to three years' rigorous imprisonment and a fine of Rs. 5,000, which would be paid as compensation to the heirs of the deceased. |
| Summary |
In the case of Criminal Appeal No. 96 of 1982, the Supreme Court of Pakistan addressed significant issues surrounding common intention and the assessment of liability in criminal cases. The court reviewed the facts where the appellant, Pervaiz Akhtar, was involved in a violent incident leading to the deaths of two individuals, Faiz Alam and his son Safdar. The court emphasized the importance of evaluating the actions of the accused in the context of the overall circumstances of the case. The ruling clarified that mere participation in a crime does not automatically equate to shared intent to kill. The decision to modify the conviction highlights the judicial system's commitment to ensuring that justice is served based on factual evidence and the legal definitions of culpability. This case serves as a critical reference for future legal interpretations of common intention in criminal law, emphasizing a careful examination of each participant's role in the crime. The ruling is pivotal for legal practitioners and scholars alike, as it underscores the nuances of liability and intent in criminal proceedings. Keywords: Criminal Law, Common Intention, Legal Precedent, Pakistan Supreme Court, Liability in Criminal Cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Not available
|
| Petitioners |
PERVAIZ AKHTAR
|
| Respondents |
THE STATE
|
| Citations |
1985 SLD 794,
1985 SCMR 1422
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
185(3),
302/34,
342
|