| Case ID |
434c8161-32db-4559-836d-3d8486ea8b67 |
| Body |
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| Case Number |
Criminal Appeal No. 86 of 1997 and Criminal Miscel |
| Decision Date |
Jul 13, 2009 |
| Hearing Date |
Jul 13, 2009 |
| Decision |
The Lahore High Court dismissed the appeal against acquittal, affirming the trial court's decision which found that the complainant party had instigated the violence leading to the deaths and injuries. The court ruled that the evidence did not support the claim of unlawful possession by the appellant, and that the respondents were justified in their defense of property. The court emphasized that acquittal should only be overturned in cases of gross misreading of evidence or miscarriage of justice, which was not evident in this case. The judgment highlighted the right to self-defense and the principle that possession, even if illegal, can be defended against unlawful eviction. |
| Summary |
This case revolves around allegations of murder and criminal trespass stemming from a land dispute. Noor Muhammad, the appellant, claimed that he was unlawfully attacked by Amin and others while attempting to assert his right to the land he leased. The court evaluated the evidence presented, including witness testimonies and legal arguments. The trial court's findings indicated that the appellant had initiated the conflict, which resulted in multiple casualties. The High Court upheld the trial court's decision to acquit the respondents, underscoring the complexities of self-defense in property disputes and the legal standards of possession. The ruling reinforces important legal principles regarding the right to defend oneself and one's property, making it significant for future cases involving similar issues. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMAD CHAUDHRY, JUSTICE,
ARSHAD MAHMOOD, JUSTICE
|
| Lawyers |
Syed Karamat Ali Naqvi for Appellant,
Nemo for Respondents,
Syed Faisal Raza Bokhari, Deputy Prosecutor-General for the State
|
| Petitioners |
NOOR MUHAMMAD
|
| Respondents |
others,
AMIN
|
| Citations |
2010 SLD 2828,
2010 PCRLJ 1051
|
| Other Citations |
Sardarai and another v. The State PLD 1970 SC 212,
Muhammad Ashraf v. Faiz Ali and others PLJ 1976 SC 190,
Waryam and 3 others v. The State PLD 1975 Lah. 152,
Muhammad Siddique and 2 others v. The State 1990 PCr.LJ 1867
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
540,
561-A,
428,
417(2-A),
440,
447,
148,
149,
302,
324,
411,
379
|