| Case ID |
433f4163-3d3e-4091-a0a5-09466434594d |
| Body |
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| Case Number |
Criminal Appeal No. 43 of 1975 |
| Decision Date |
Feb 24, 1977 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the appeal of Ashique Hussain, who was convicted and sentenced to life imprisonment for the murder of Muhammad Shareef under section 302 of the Pakistan Penal Code. The court found that the evidence presented, including eyewitness accounts and the appellant's own actions post-incident, established his guilt beyond a reasonable doubt. The court noted that the appellant's claim of acting in self-defense was not substantiated, and his judicial confession, although retracted, was deemed inconsistent with his defense. Consequently, the court upheld the trial court's decision, emphasizing the severity of the crime and the need for justice. |
| Summary |
In the case of Ashique Hussain vs. The STATE, the Sindh High Court dealt with a serious criminal appeal involving charges of murder under section 302 of the Pakistan Penal Code. The appellant, Ashique Hussain, was convicted for the fatal stabbing of Muhammad Shareef during a family dispute. The court examined the circumstances surrounding the incident, including the appellant's motive stemming from familial tensions and a previous altercation. Key evidence included eyewitness testimonies from the deceased's family, which corroborated the prosecution's account of the events leading to the stabbing. Despite the appellant's claims of self-defense, the court found no credible basis for this assertion, stating that the evidence indicated a deliberate act of aggression. The judicial confession made by the appellant was retracted but not acted upon by the trial court due to procedural inconsistencies. The court's decision to dismiss the appeal reflects the seriousness with which it regarded the crime, the impact on the victim's family, and the importance of upholding legal accountability. The case underscores critical themes in criminal law, including the evaluation of evidence, the weight of witness testimonies, and the standards for justifying self-defense claims. Keywords: murder, criminal appeal, Pakistan Penal Code, eyewitness testimony, self-defense, legal accountability. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AGHA ALI HAIDER,
JAMALUDDIN H. AHMED
|
| Lawyers |
Not available
|
| Petitioners |
Ashique Hussain
|
| Respondents |
The STATE
|
| Citations |
1977 SLD 1864,
1977 PCRLJ 668
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302
|