| Case ID |
37ff5161-bee6-4d4b-9cad-c4c8dcd67420 |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Feb 01, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitions for special leave to appeal filed by Ghaus Muhammad and Sher Muhammad against their convictions under sections 302 and 323 of the Pakistan Penal Code. The court upheld the findings of the trial and appellate courts, which held that the petitioners had committed murder and caused hurt to the deceased and his brother. The petitioners' claim of acting under grave and sudden provocation was rejected due to a lack of supporting evidence. The court noted that the incident was a preconcerted attack and upheld the sentences imposed by the lower courts, including life imprisonment for the murder charge. The acquittal of their brother-in-law, Khan Muhammad, was also affirmed as he had no motive to harm the deceased. The court found no merit in the petitions and refused to interfere with the lower courts' discretion regarding sentencing. |
| Summary |
This case involves a criminal petition for special leave to appeal concerning the convictions of Ghaus Muhammad and Sher Muhammad for murder and causing hurt under the Penal Code of Pakistan. The Supreme Court of Pakistan, in its ruling, analyzed the circumstances surrounding the case, including the claims of provocation made by the petitioners. The court concluded that there was no substantial evidence to support the petitioners' claims and affirmed the lower courts' decisions. The case highlights crucial legal principles surrounding murder, provocation, and the standards of evidence required to overturn convictions. Legal professionals and scholars interested in criminal law, particularly in the context of murder and provocation defenses, will find this case significant as it illustrates the judiciary's approach to assessing evidence and the weight given to claims of provocation in violent crimes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD JAN
|
| Lawyers |
Nemat Khan, Advocate Supreme Court,
Iqbal Ahmad Qureshi, Advocate-on-Record,
Malik Sher Bahadar, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record
|
| Petitioners |
SHER MUHAMMAD,
GHAUS MUHAMMAD
|
| Respondents |
THE STATE
|
| Citations |
1987 SLD 1596,
1987 SCMR 776
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
323,
34,
300,
185(3),
417
|