| Case ID |
3694ee9b-cb86-4b79-85f4-bdb2fb6aab04 |
| Body |
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| Case Number |
Appeal No. 891 of 1952 |
| Decision Date |
Jun 23, 1953 |
| Hearing Date |
Oct 28, 1952 |
| Decision |
The Lahore High Court, in its decision dated June 23, 1953, upheld the principle that a conviction under section 304 (1) of the Pakistan Penal Code cannot stand if the act of killing is committed in the exercise of the right of private defense or under grave and sudden provocation. The court emphasized that the intention to kill, an essential element of murder, is negated under such circumstances, reinforcing the binding nature of legal precedents set by the Federal Court. The judges reiterated the importance of adhering to the principles established in prior judgments, highlighting the constitutional obligation to follow the law declared by the Federal Court, regardless of personal opinions on its correctness. |
| Summary |
The case revolves around the interpretation of the law regarding self-defense and provocation in homicide cases. The Lahore High Court, through its ruling, clarified that when an individual kills another in self-defense or under grave provocation, the intention to kill is absent, thus negating the possibility of a murder conviction under section 304 (1) of the Pakistan Penal Code. This decision aligns with the principles laid out in earlier cases, emphasizing the significance of legal precedents in guiding judicial decisions. The court's ruling is pivotal in shaping the understanding of legal liability in cases of homicide, particularly concerning the concepts of intent and provocation. The court's reliance on established legal doctrines reinforces the necessity for consistency in judicial interpretations, ensuring that justice is served while adhering to constitutional mandates. Keywords: Lahore High Court, self-defense, provocation, homicide law, Pakistan Penal Code, legal precedents, judicial decisions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR, C.J.,
S. A. RAHMAN,
M. R. KAYANI
|
| Lawyers |
Fayyaz Ali, Advocate-General, Pakistan,
Abdul Aziz, Advocate-General, Punjab
|
| Petitioners |
QADIR BAKHSH
|
| Respondents |
THE CROWN
|
| Citations |
1953 SLD 160,
1953 PLD 588
|
| Other Citations |
P L D 1953 P C 115,
1925 P C 272,
P L D 1953 F C 35,
P L D 1935 P C 9,
P L D 1953 F C 93,
1952 F C R 1=P L D 1952 F C 71
|
| Laws Involved |
Government of India Act, 1935
|
| Sections |
212
|