Case ID |
3ce2dc5c-9a25-4cd9-bb13-99977b26f594 |
Body |
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Case Number |
Criminal Petition No. 170-R of 1989 |
Decision Date |
Mar 26, 1990 |
Hearing Date |
|
Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Lahore High Court's decision, which had dismissed the appeal of the petitioners. The court found that the plea of self-defense taken by the accused was not substantiated by the evidence on record. The deceased had lodged the F.I.R. implicating the accused, and the ocular evidence was corroborated by medical evidence. The presence of the accused at the scene was established, leading to the conclusion that the case was not suitable for reappraisal of evidence. The petition was therefore dismissed, and the sentences imposed by the trial court were modified but upheld. |
Summary |
In the case of Gulzar and another vs. The State, the Supreme Court of Pakistan dealt with a criminal petition concerning allegations of murder. The petitioners Gulzar and Liaqat were accused of killing Muhammad Nazir, who had reported the incident himself. The court examined the evidence, including the medical reports and witness testimonies, all of which pointed to the petitioners' involvement in the crime. The key arguments from the petitioners centered on claims of self-defense and the absence of vital injuries on the deceased, which were ultimately rejected by the court. The decision reinforced the importance of corroborative evidence in criminal cases and the challenges of successfully claiming self-defense in situations where the accused were found to have caused significant harm. The ruling highlighted the court's stance on maintaining a consistent legal standard when evaluating self-defense claims in criminal law, particularly in murder cases. The case is significant for legal practitioners and scholars interested in criminal law, self-defense, and evidentiary standards in Pakistan. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
MUHAMMAD AFZAL ALLAH, C.J.,
ABDUL QADEER CHAUDHRY, J
|
Lawyers |
Tariq Azam Chaudhry, Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record
|
Petitioners |
GULZAR,
LIAQAT
|
Respondents |
THE STATE
|
Citations |
1990 SLD 1071,
1990 SCMR 1395
|
Other Citations |
Not available
|
Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
Sections |
302,
34,
185(3)
|