| Case ID |
43312195-90bc-4298-93e9-afbb0371e0bf |
| Body |
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| Case Number |
Criminal Appeal No. K-3 of 1962 |
| Decision Date |
Mar 25, 1963 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal of Dost Muhammad, affirming the death sentence for the murder of Ali Muhammad. The Court held that the act was a wanton act of cruelty without provocation, and the normal punishment for such an offense is death. The judges noted that there were no mitigating circumstances to justify a lesser sentence, as the appellant had acted violently without any reasonable cause. The Court emphasized the importance of maintaining the rule of law and the deterrent effect of the death penalty for such heinous crimes. |
| Summary |
In the landmark case of Dost Muhammad v. The State, the Supreme Court of Pakistan addressed the issue of the death penalty for murder. The appellant, Dost Muhammad, was convicted of fatally stabbing Ali Muhammad during an altercation stemming from a chase involving another individual. The Court examined the circumstances surrounding the incident, noting that the deceased had intervened to prevent further violence against a third party. The judges concluded that the murder was unprovoked, as the deceased had merely attempted to stop the attack and posed no threat to the appellant. The decision reinforced the judiciary's stance on capital punishment, emphasizing the need for strict penalties to deter violent crime. The ruling highlighted the importance of considering the context of each case while upholding legal standards for justice. Key trends in criminal law, particularly relating to the application of the death penalty and the interpretation of provocation in murder cases, were also discussed. The case serves as a critical reference for future legal proceedings involving similar circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLE-AKBAR, JJ
|
| Lawyers |
Azizullah K. Sheikh Advocate Supreme Court,
Abdul Kadir Sheikh Senior Advocate Supreme Court,
Zahoorul Haq Advocate Supreme Court
|
| Petitioners |
DOST MUHAMMAD
|
| Respondents |
THE STATE
|
| Citations |
1963 SLD 511,
1963 PLD 285
|
| Other Citations |
Jawed Iqbal v. The State Criminal Appeal No. 105 of 1962,
Abdur Rahim v. The State P L D 1960 S C 401
|
| Laws Involved |
Constitution of Pakistan (1956),
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
160,
367(5),
302
|