| Case ID |
380554d3-425f-43e1-b288-77d70595b253 |
| Body |
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| Case Number |
Criminal Appeal No. 188 of 1997 |
| Decision Date |
Oct 23, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the conviction and sentence of the appellant, Muhammad Usman, under section 302(c) of the Penal Code, dismissing his appeal. The Court found that the accused had exceeded his right to self-defense when he fired at the deceased, a teenager and student, who had initially fired in self-defense against an attempted sodomy by the appellant. The Court noted that while the occurrence was sudden and not intentional murder, the plea of self-defense was not available to the accused as he was the aggressor in the situation. |
| Summary |
In the case of Criminal Appeal No. 188 of 1997, the Supreme Court of Pakistan examined the plea of self-defense raised by the appellant, Muhammad Usman, against the judgment of the High Court of Balochistan, which had convicted him of murder under section 302(c) of the Penal Code. The Court analyzed the events leading to the shooting incident where the deceased, a young student, was killed after an altercation. The key issue was whether the appellant had acted in self-defense or had exceeded his rights. The Court concluded that the appellant was the initial aggressor, and therefore, his actions could not be justified as self-defense. This case highlights the legal principles surrounding self-defense and the responsibilities of individuals in violent confrontations. The decision serves as a significant reference for future cases involving similar defenses, emphasizing that self-defense cannot be claimed by an aggressor who initiates violence. The ruling is pivotal in criminal law, particularly regarding the boundaries of self-defense and the legal consequences of exceeding those limits. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMED, C.J.,
MUNIR A. SHEIKH,
MUHAMMAD NAWAZ ABBASI, JJ
|
| Lawyers |
Basharatullah, Senior Advocate Supreme Court,
Riaz Ahmed, Advocate-on-Record for Appellant,
Salah-ud-Din Mangal, Advocate-General, Balochistan for Respondent,
Raja Muhammad Afsar, Advocate-on-Record for the Complainant
|
| Petitioners |
MUHAMMAD USMAN
|
| Respondents |
THE STATE through A.G., Balochistan
|
| Citations |
2004 SLD 990,
2004 SCMR 750
|
| Other Citations |
Safdar Ali v. The Crown PLD 1953 F.C. 93,
Ghulam Sikandar v. Mamaraiz Khan PLD 1985 SC 11
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302(c),
Art.185(3)
|