| Case ID |
42f6d953-c8ed-4ff8-8889-746b79d18073 |
| Body |
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| Case Number |
Criminal Appeal No.432 of 1994 |
| Decision Date |
Jan 20, 2000 |
| Hearing Date |
Jan 20, 2000 |
| Decision |
The Supreme Court of Pakistan, in its judgment dated 20-01-2000, altered the conviction of the accused under Section 302/34 of the Penal Code to Section 304, Part I. The Court found that the incident was a result of a sudden flare-up of tempers without premeditation. The accused were not armed before the incident and acted without a common intention to kill. The sentences were adjusted accordingly: Allah Wasaya was sentenced to 10 years' rigorous imprisonment and a fine, while Allah Dawaya received a 5-year sentence with a similar fine. The fine amounts were to be paid to the legal heirs of the deceased. The appeal was partly allowed and disposed of in these terms. |
| Summary |
In the case of Allah Wasaya and another vs. The State, the Supreme Court of Pakistan addressed a significant issue concerning the application of Sections 302 and 304 of the Penal Code. The incident leading to the appeal involved a quarrel over a marriage arrangement, resulting in the death of Fazal Ahmad. The eye-witness accounts were deemed credible, and the Court noted that the accused had not come prepared to commit murder. The decision emphasized the importance of evaluating premeditation and common intention in criminal cases, which are crucial factors in determining the appropriate charges and penalties. The judgment illustrates the judicial approach to assessing evidence and the nuanced understanding of criminal liability, reflecting a commitment to just legal processes. The case serves as a precedent in similar future cases, emphasizing the balance between accountability and the context of the offense. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD BASHIR,
JEHANGIRI,
SH. IJAZ NISAR,
MAMOON KAZI
|
| Lawyers |
Sardar Muhammad Ghazi, Advocate Supreme Court for Appellants,
Ch. Arshad Ali, Advocate Supreme Court for the State
|
| Petitioners |
ALLAH WASAYA,
ALLAH DAWAYA
|
| Respondents |
THE STATE
|
| Citations |
2000 SLD 824,
2000 SCMR 746,
2000 SLD 1236
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
304, Part I,
185(3)
|