| Case ID |
383c06e7-1c8b-4168-a007-b07fc4d57af3 |
| Body |
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| Case Number |
Criminal Appeal No. 323 of 1973 |
| Decision Date |
May 23, 1974 |
| Hearing Date |
May 23, 1974 |
| Decision |
The appeal was dismissed. The appellant Qurban Ali was initially convicted under section 307 of the P.P.C. for causing injuries to Zahid Hussain and Mst. Sughran. The court found substantial evidence against the appellant, including witness testimonies and recovery of blood-stained clothes and a hatchet. The court concluded that the injuries were inflicted intentionally and altered the conviction to section 326, P.P.C., reducing the sentence to two years of rigorous imprisonment and maintaining the fine of Rs. 500. |
| Summary |
In the case of Qurban Ali vs. The State, the Sindh High Court examined the conviction of Qurban Ali under section 307 of the Pakistan Penal Code for the assault on Zahid Hussain and his wife Mst. Sughran. The incident took place on July 16, 1972, when Zahid Hussain visited the appellant's house to retrieve borrowed items for the appellant's marriage. A confrontation ensued, leading to the appellant using a hatchet to inflict injuries on both victims. Witnesses including the injured parties corroborated the prosecution's account, and the evidence presented indicated the appellant's guilt. The court dismissed the appeal, recognizing the gravity of the offense but reduced the conviction to section 326 due to the nature of the injuries. This case highlights critical aspects of self-defense and provocation within the legal framework of Pakistan, emphasizing the importance of witness credibility and evidence in criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAQEE KURESHI, J
|
| Lawyers |
Mr. Muhammad Bux Dumrah,
Mr. Muhammad Ramzan Kureshi
|
| Petitioners |
Qurban Ali
|
| Respondents |
The State
|
| Citations |
1975 SLD 867,
1975 PCRLJ 1202
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
307,
326
|