| Case ID |
369cbf01-d3da-4fc1-91ad-0adb56f8128e |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition No. 75/11 of 1983 |
| Decision Date |
Mar 28, 1984 |
| Hearing Date |
Mar 28, 1984 |
| Decision |
The Supreme Court dismissed the petition filed by Sattar Khan against the acquittal of co-accused Yousaf Khan and Yaqoob Khan, while also challenging the sentence of Rashid Khan. The High Court had converted Rashid Khan's conviction from section 302 of the Penal Code to section 304(1), considering the circumstances surrounding the case, including the illicit relationship between the deceased and Rashid Khan's wife. The Court maintained that the High Court's decision to impose a four-year rigorous imprisonment sentence was justified based on the evidence presented, and upheld the findings that the right of self-defense was applicable in this situation. The petition was dismissed as having no merit. |
| Summary |
This case revolves around a criminal petition concerning the murder of Ali Aksar, where the petitioner, Sattar Khan, sought to challenge the acquittal of co-accused and the sentence of Rashid Khan. The Supreme Court's decision emphasized the significance of the circumstances leading to the death, particularly the allegations of illicit relations, which influenced the judgment. The ruling highlighted the importance of self-defense in violent confrontations and the legal implications of familial relationships in criminal cases. The Court concluded that the High Court's alteration of the conviction was appropriate given the context of the events, and the petition was ultimately dismissed, reinforcing the legal principle that self-defense must be thoroughly considered in such cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN, JJ,
ABDUL KADIR SHAIKH, JJ,
M. S. H. QURAISHI, JJ
|
| Lawyers |
Abdul Majid Khan, Advocate Supreme Court for Petitioner,
Imtiaz Muhammad Khan, Advocate Supreme Court for Respondents Nos. 1 to 3,
Ejaz Ahmad Khan, Advocate-on-Record for the State
|
| Petitioners |
Sattar Khan
|
| Respondents |
Yousaf Khan,
Yaqoob Khan,
Rashid Khan
|
| Citations |
1984 SLD 603,
1984 SCMR 678
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
302,
304(1)
|