| Case ID |
40f5e1bb-fc00-496b-abaf-1192151e3cd5 |
| Body |
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| Case Number |
Criminal Petition No. 309 of 1987 |
| Decision Date |
Jun 20, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by Muzaffar Hussain against the judgment of the High Court. The High Court had previously confirmed the conviction of Naukar Hussain under section 304, Part II of the Penal Code, finding that the incident occurred in the spur of the moment without premeditation. The Court found no legal infirmity in the High Court's judgment, affirming that Naukar Hussain did not take undue advantage of the situation, and thus the conviction was in accordance with the law. The petition was subsequently dismissed. |
| Summary |
This case details the appeal of Muzaffar Hussain against the conviction of Naukar Hussain under section 304, Part II of the Penal Code for the murder of Mohammad Anwar. The Supreme Court upheld the High Court's decision, which concluded that the act was not premeditated and did not warrant a capital sentence under section 302 of the Penal Code. The ruling emphasized the importance of the context in which the crime was committed, taking into account the lack of premeditation and undue advantage taken by the accused. The dismissal of the petition underscores the judicial system's adherence to legal principles and the careful consideration of the circumstances surrounding the case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
GHULAM MUJADDID,
USMAN ALI SHAH
|
| Lawyers |
Q.M. Salim, Senior Advocate Supreme Court,
Tanvir Ahmad
|
| Petitioners |
MUZAFFAR HUSSAIN
|
| Respondents |
NAUKAR HUSSAIN,
MOHAMMAD HUSSAIN
|
| Citations |
1990 SLD 531 = 1990 SCMR 290
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
304, Part II,
302,
Art. 185(3)
|