| Case ID |
2e384443-ce7d-4d94-9e75-34844fb9ae1a |
| Body |
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| Case Number |
Criminal Appeal No.487 of 2000 and Murder Referenc |
| Decision Date |
Dec 05, 2006 |
| Hearing Date |
Dec 05, 2006 |
| Decision |
The Lahore High Court maintained the conviction of Abdul Khaliq under section 302(b) of the Penal Code for the murder of Muhammad Shoaib but altered his death sentence to imprisonment for life. The court found that the case presented two versions of events, with the appellant claiming self-defense. The court noted that the incident occurred without premeditation, and there was no prior enmity between the parties. Given the circumstances and the nature of the injury, the court concluded that a life sentence was more appropriate than capital punishment. |
| Summary |
In the case of Abdul Khaliq v. The State, the Lahore High Court addressed a complex murder case involving the appellant's claim of self-defense. The incident occurred on December 11, 1997, where Abdul Khaliq fatally injured Muhammad Shoaib during a confrontation. The prosecution’s case was based on eyewitness accounts, while the defense argued for a reduction in charges citing the lack of premeditation and the appellant's plea of self-defense. The court analyzed the evidence, including the timeline of events and the nature of the injury, ultimately deciding to convert the death sentence to life imprisonment. Key legal principles from the Penal Code were applied, particularly section 302(b), which governs murder charges in Pakistan. The court's decision emphasized the importance of context in violent encounters, particularly regarding claims of self-defense without underlying animosity. This ruling highlights the court's approach to balancing justice with the mitigating circumstances of the case, reflecting broader themes of criminal law in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Khawaja Muhammad Sharif,
Muhammad Farrukh Mahmud
|
| Lawyers |
Syeda B.H. Shah,
Tanvir Iqbal, A.A.-G.
|
| Petitioners |
ABDUL KHALIQ
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 6792,
2008 PCRLJ 294
|
| Other Citations |
Muhammad Arshad and 2 others v. State PLD 1996 SC 122
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|