| Case ID |
37d3d1e5-02ad-4885-9eec-5b6ea07220f9 |
| Body |
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| Case Number |
Criminal Appeal No. 25 of 1974 |
| Decision Date |
Nov 03, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal against the judgment of the Lahore High Court, which had partially overturned the trial court's acquittal of the appellant. The High Court found that the appellant had exceeded the right of private defense as the deceased was not armed with the intention to attack. The evidence presented showed that the deceased was engaged in cutting fodder with a sickle, which is not ordinarily considered a weapon of offense. The trial judge's conclusion that the appellant acted in self-defense was deemed perverse by the Supreme Court. The appellant's act of inflicting multiple injuries on the deceased was not justified given the circumstances, leading to the conclusion that the plea of self-defense was not established. |
| Summary |
In the case of Nazir Ahmad vs. The State, the Supreme Court of Pakistan deliberated on the principles of private defense under the Penal Code, particularly in relation to murder charges. The appellant, Nazir Ahmad, was initially acquitted by the trial court, which found that he acted in self-defense. However, upon appeal by the State, the Lahore High Court overturned this acquittal, convicting him under section 304, Part I, for exceeding his right of private defense and sentencing him to seven years of rigorous imprisonment. The case revolved around an altercation over land boundaries, where the deceased was armed with a sickle while attempting to confront the appellant. The Supreme Court ultimately dismissed the appeal, affirming the High Court's decision, emphasizing that the appellant's response was excessive and that the plea of self-defense was not substantiated by the evidence presented. This case highlights the critical balance between the right to self-defense and the legal consequences of excessive force, which remains a pertinent issue in criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI, C.J.,
ANWARUL HAQ,
MUHAMMAD GUL,
MUHAMMAD HALEEM, JJ
|
| Lawyers |
Mahmood A. Qureshi, Advocate-on-Record for Appellant,
Riaz Ahmad, Assistant Advocate General, Punjab,
M. Hanif Bhaksh, Advocate Supreme Court,
Ijaz Ali, Advocate-on-Record (absent) for the State
|
| Petitioners |
NAZIR AHMAD
|
| Respondents |
THE STATE
|
| Citations |
1976 SLD 214,
1976 SCMR 179
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
100
|