| Case ID |
437c6b06-2ddd-4e9b-a536-9a7816317d09 |
| Body |
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| Case Number |
Criminal Appeal No. 35 of 1974 |
| Decision Date |
Oct 02, 1975 |
| Hearing Date |
|
| Decision |
The appeal was accepted by the Sindh High Court, which set aside the conviction and sentence under section 302 of the Pakistan Penal Code but maintained the conviction under section 13-D of the West Pakistan Arms Act. The court found that the appellant acted in self-defense, given the imminent danger posed to him by the deceased, who was armed with a hatchet. The trial court's reasoning for denying the benefit of self-defense was deemed insufficient and not well-founded. The appellant had already undergone his sentence, and he was ordered to be set at liberty forthwith, provided no other cases were pending against him. |
| Summary |
In the case of Aludo Alias Ali Bux vs The State, the appellant was convicted for murder and possession of an unlicensed firearm. The incident occurred during a dispute involving the appellant's sister and the deceased. The appellant claimed self-defense as he was pursued by the deceased and others, who were aggressive and armed. The Sindh High Court found merit in the self-defense argument, ruling that the trial court had failed to analyze the evidence properly. The judgment emphasized the right to self-defense under imminent threat and concluded by setting aside the murder conviction while upholding the firearms conviction. This case highlights the complexities surrounding self-defense claims in criminal law and the necessity for courts to evaluate evidence thoroughly. Keywords: murder, self-defense, legal appeal, firearms, conviction, Sindh High Court, Pakistan Penal Code. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM,
JAMALUDDIN H. AHMED
|
| Lawyers |
Not available
|
| Petitioners |
Aludo Alias Ali Bux
|
| Respondents |
The State
|
| Citations |
1976 SLD 1030,
1976 PCRLJ 329
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code,
Arms Act 1965
|
| Sections |
302,
13-D,
13-D
|