| Case ID |
37fdb878-e245-43c9-a10a-fae7cd0951e8 |
| Body |
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| Case Number |
Criminal Appeal No. 73 of 1955 |
| Decision Date |
May 06, 1955 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the conviction of the appellant under section 302 of the Pakistan Penal Code, affirming that even if the facts found in the two cases were identical, the decisions need not be identical. The court found that the appellant was guilty of a more serious offence than one under section 325 P.P.C. The sentence was reduced from death to transportation for life, considering the circumstances that the appellant had not been proved to be the author of the fatal blow. |
| Summary |
In the case of Shahu vs. The Crown, the Lahore High Court addressed the conviction of Shahu, an absconder involved in a murder where he and his companions attacked a complainant party, leading to the death of Muhammad Yar. The court examined the nature of the offence, distinguishing between grievous hurt and murder under the Pakistan Penal Code. The previous findings against his companions were deemed irrelevant to his case. The court concluded that the appellant was guilty of a more serious offence than initially assessed and upheld the conviction under section 302 P.P.C. The final sentence was reduced to transportation for life due to various mitigating circumstances. This case highlights critical aspects of criminal law, particularly regarding the interpretation of offences and the implications of prior convictions on subsequent cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Shabir Ahmad,
C. M. Sharif
|
| Lawyers |
S. Jamil Husain Rizvi,
S. Ghulam Haider Shah,
S. A. Mahmud
|
| Petitioners |
Shahu
|
| Respondents |
The Crown
|
| Citations |
1955 SLD 129,
1955 PLD 679
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302,
325,
149,
34,
148
|